Welcome to the Sherlock Holmes application (“App”), which allows you to detect whether diamonds are natural or lab grown, using our Dr. Watson detector box, Sherlock Holmes 4.0 detector box or BIG Sherlock Detector Box (each, a “Detector”). The App was developed and is operated by Sherlock Holmes Detect Ltd., an Israeli privately-held company (“Company”, or “we”, “us”, “our”).
The following key points are provided for your reading convenience, but do not substitute the full Terms that are provided thereafter.
- Subject to these Terms, we give you a limited license to use the App through your mobile device.
- When you use the App, you must comply with our instructions, adhere to any applicable law and refrain from using the App in a manner prohibited by these Terms.
- Please read the Detector’s user manual before using the App and follow the instructions on the App’s screen when performing tests. Note that test results may be affected by several factors, including the type of phone you are using , and while we cannot guarantee 100% accuracy, our solution’s accuracy rate in detecting lab grown diamonds is close to 100%.
- Use of the App is subject to payment of a period subscription fee.
- You bare sole liability for the content of the files you upload to the App.
- We own all rights, title and interest in and to the App. You may not use the App other than as expressly permitted in these Terms. You own all rights, title and interest in and to Your Content. However, by using the App, you grant us a license to use Your Content as detailed herein.
- Your use of the App is subject to the terms and conditions that govern the application marketplace from which you downloaded the App. The operator of the applications marketplace is a beneficiary of these Terms and may enforce them against you.
- You assume full and exclusive responsibility for your use of the App. We and our staff will not be liable for any indirect damage suffered by you or anyone acting on your behalf, arising from or related to the App or your use of it.
- These Terms are governed by the laws of the state of Israel and are subject to the jurisdiction of competent courts in the District of Tel-Aviv-Jaffa, Israel.
- We may occasionally amend these Terms. Your continued use of the App indicates your consent to the amended terms.
ABOUT THE APP
By using the Detector that connects to the App by Bluetooth or a USB cable, the App helps you to check whether particular diamonds are most likely to be natural or lab grown – be they loose-diamonds, mounted on jewelry, single stones, large parcels, or any size Meleé Diamonds.
USE OF THE APP
Subject to these Terms, we grant you a non-exclusive, limited, revocable, non-transferrable, non-sublicensable, unassignable license, to download, install and use the App on your smartphone (provided that it is compatible with our Detector, as specified in the user manual). You may only use the App as permitted by these Terms.
Use of the App requires prior registration and payment of a subscription fee, as detailed below.
Testing diamonds requires Bluetooth or USB connectivity between your mobile device and the Detector. To test a diamond, place it inside the Detector’s testing area, focus the camera, click on Run Test ,and wait a few seconds to get the result picture. Diamonds that fluoresce in blue (and blue only) are very likely Natural. Diamonds that are marked wholly or partially in red, or that fluoresce in any color OTHER than blue are very likely lab grown. If you are unsure of the resulting color, we recommend that you deem the tested diamond as lab grown diamond and send it for further testing. Please note that due to this unique testing process, the App cannot be used by people with color vision deficiency.
Please note that diamonds can only be tested when loose, in a thin plastic bag, or mounted on jewelry, and when your phone’s camera is positioned appropriately, as instructed in the manual, to fully capture the diamond. Any other conditions of testing the diamonds, e.g., covered by a thick plastic or glass, will very likely impair the accuracy of the results. To prevent errors in your test process or results, we highly encourage you to read the Detector’s operation manual before performing your first test with the App.
Test results may be affected by several factors that we cannot control, such as the placement and angle of the diamond inside the Detector’s testing area, your phone’s camera, or your phone’s screen type. Therefore, we cannot guarantee that the test results will always be completely accurate, but when used correctly, our solution’s accuracy rate in detecting lab grown diamonds is close to 100%. USE OF THE APP IS AT YOUR OWN RISK, AND ANY DECISION MADE IN RELIANCE ON THE TEST RESULTS IS YOU EXCLUSIVE RESPONSIBILITY. WE WILL NOT BE LIABLE FOR ANY DAMAGE YOU MAY INCUR AS A RESULT OF YOUR RELIANCE ON THE TESTS RESULTS.
When using the App, you must comply with these Terms and adhere to any applicable law. In addition, you may not –
- Attempt to circumvent, bypass or deactivate security or protection measures of the App;
- Use the App in order to develop or create a product or App similar to, or competing with, the App or us;
- Attempt to compromise information security in the App or in any network or server used by us, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating or hacking of the App or our systems;
- Attempt to register to the App, access the App, download any information or use any information on the App, in an automated or mechanized process, or use the App in any way other than for personal use of the registered user;
- Attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible or deactivated in the App;
- Attempt to engage in reverse-engineering, disassembling or decompiling of the App;
- Use the App in any manner that may give rise to a criminal offense, civil tort, infringement or violation of the rights of any third party;
- Attempt to burden or interfere with the operation of our systems related to the operation of the App;
- Attempt to integrate the App in any application, web page, or any other way;
- Use the App for or in connection with any action that may encourage or constitute threat, harassment or fraud;
We may take measures to block your access to the App or delete your account, without prior notice, if we, in our sole discretion, believe that you violated these Terms or have misused the App.
Use of our App is subject to payment of a monthly subscription fee, in the rates specified at [link to webpage containing fee rates] or as specified during your registration. Subscription fees vary based on your chosen storage capacity for tests results. Payment is available through credit card, or any other method as the Company may make available from time to time.
The Company reserves the right to change, from time to time and in its discretion, the subscription fees, and the available subscription plans. A notification of such change will appear in the App, and the change will become effective a reasonable time thereafter, and in any case, not before the end of your current subscription cycle.
Fees as presented on the App are exclusive of taxes. By using the App, you authorize us to charge you for any applicable taxes, in accordance with tax laws.
Your payments are processed by external service providers, and not by the Company. Therefore, payments may be subject to additional commissions charged by those external service providers, such as Apple Pay and Google Pay, in accordance with these external service providers’ terms and conditions. You will bear sole liability for paying those commissions.
You may cancel your subscription at any time by deleting your account or by contacting us at email@example.com. We will process your cancellation request and it will become effective at the end of your current subscription cycle, so long as you send us your cancellation request at least five business days before the end of the current subscription cycle. If you send us your cancellation within the last five business days of the current subscription cycle, your cancellation will only take effect in the subscription cycle after the one that immediately follows your cancellation request.
Cancellation does not entitle you to any refund of fees you paid for the then-current subscription cycle, but so long as you send us your cancellation request at least five business days before the end of the current subscription cycle, we will no longer charge you for subscription cycles subsequent to the one during which you submitted your cancellation request.
If your payment cannot be processed, for any reason, we will contact you to complete the payment. If you fail to complete the payment within 14 days from our notice to you, we will suspend your account and block your access to the App. We will retain your tests results for two months following our notice, and will delete them thereafter if you do not complete the payment within this period.
You are solely liable for the content of the files you upload to the App (“Your Content”). Your Content may not, in any way:
- infringe the proprietary rights of others, including copyrights, trademarks and trade secrets;
- include pornographic or sexually explicit content;
- identify minors, their personal details or their address and ways of contacting them;
- be defamatory or harm an individual’s good name;
- harm an individual’s privacy or personally identify an individual without obtaining said individual’s prior consent;
- be insulting, hostile, threatening or rude;
- contain or encourage racism or unlawful discrimination based on race, origin, skin color, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, political opinion, or social-economic status; or
- encourage the commission of a criminal offense.
We may, in our sole discretion, temporarily or permanently delete your account or block your access to the App, if we believe that Your Content violates these Terms or any applicable law.
All rights, title and interest in and to the App, including all content therein and all patents, copyrights, trademarks, trade secrets and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the App, whether such rights are registered or not, are the exclusive property of the Company and its licensors. This includes our databases and the App’s design, graphics, computer code, algorithms and “look and feel”.
Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of, the App or any part thereof, in any way or by any means.
You may not use any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission that may dilute or damage our goodwill.
We do not claim any ownership to Your Content. However, by uploading Your Content to the App, you grant us an irrevocable, perpetual, world-wide, royalty-free, sub-licensable and assignable license to use Your Content in the scope of the provision of our services to you, as well as for our own internal business purposes. You represent to us that you have all necessary rights or licenses in and to Your Content to allow us to store it and use it as detailed herein.
During the term of your subscription to the App, the Company, either directly or with the assistance of third parties, will provide you technical support for the App. The Company will attempt to respond to your technical questions, problems and inquiries as soon as practicably possible, via electronic mail on weekdays during the hours of 10:00 am through 3:00 pm local Israel time, and 10:00 am through 5:00 pm local NY time with the exclusion of national, public or bank holidays. You may initiate a helpdesk ticket by emailing firstname.lastname@example.org.
For the purpose of the provision of technical support for your technical questions, problems, and inquiries, you will cooperate, and work closely with the Company, to reproduce malfunctions, including conducting diagnostic or troubleshooting activities, as the Company reasonably requests.
AVAILABILITY, CHANGES TO APP AND DISCONTINUATION
We will make efforts to have the App available and operate without errors, on a 24/7 basis. However, the availability, quality and functionality of the App depends on various factors, including software and hardware components and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free, and we do not warrant that the App will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or immune from errors, glitches or unauthorized access.
We may, at any time and without prior notice, change the layout, design, scope, features or availability of the App. Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR TO ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time and in our sole discretion, discontinue or terminate the operation of the App, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
DISCLAIMERS OF WARRANTY LIMITATION OF LIABILITY
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IT CANNOT BE TAILORED TO THE INDIVIDUAL REQUIREMENTS OR DESIRES OF A USER. YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR “STAFF”) REGARDING THE APP, INCLUDING ITS FEATURES, THE CONTENT INCLUDED THEREIN, OR ITS CAPABILITIES, LIMITATIONS AND SUITABILITY TO YOUR NEEDS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE APP, ITS USE, OR RELIANCE THEREON. WE AND OUR STAFF WILL NOT BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS RESULTING FROM OR IN CONNECTION WITH ANY LOSS OF DATA OR COMMUNICATION PROBLEM RESULTING IN WHOLE OR IN PART FROM A MALFUNCTION IN THE APP OR IN OUR COMPUTER SYSTEMS OR OF OTHERS ACTING ON OUR BEHALF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT OR FRAUD, THE TOTAL AND AGGREGATE LIABILITY OF US AND OUR STAFF, FOR ANY AND ALL DAMAGES ARISING FROM OF OR RELATED TO THESE TERMS OR THE APP, IS LIMITED TO THE SUBSCRIPTION FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO OUR LIABILITY.
We may, in our own discretion, terminate these Terms in connection with your use of the App at any time, by deleting your account, by blocking your access of the App or by any other manner contemplated by these Terms, if we believe that you have abused your right to use the App.
When you cancel your subscription to the App, your access to the App and the content stored in connection with your use of the App, will be terminated on or after the effective date of the cancellation of your subscription. The content stored in connection with your use of the App includes the results of the tests you performed on diamonds. These results will be deleted and will no longer be available.
Your use of the App is subject to additional third-party terms and conditions that govern the App marketplace from which you downloaded the App, such as the App Store or the Google Play Store (“Stores”). The corporations operating those Stores (“Stores Operators”) are not responsible for providing you with the App or any maintenance or support services with respect to it.
You and the Company agree and acknowledge as follows:
- These Terms are concluded between yourself and us, and not the Stores Operators. The Stores Operators are not responsible for the App. In the event of a conflict between these Terms and the Stores’ terms of service, the Stores’ terms of service shall prevail solely with respect to the conflicting provisions.
- The license granted to you in the App is a limited, non-transferable license to use the App on any Stores Operators’ branded products that you own or control, as permitted by the Store Operators’ terms of service.
- Stores Operators have no obligation to furnish any maintenance and support services with respect to the App.
- To the maximum extent permitted by applicable law, the Stores Operators will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at the Stores Operators’ responsibility.
- The Stores Operators are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.
- In the event of any third party claims that the App or your possession and use of the App infringes that third party’s IP Rights, the Stores Operators will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
- You must comply with applicable third-party terms when using the App (e.g., you must not be in violation of your wireless data services agreement when you use the App).
- The Stores Operators and their subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, the Stores Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are 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) You are not listed on any U.S. Government list of prohibited or restricted parties.
GOVERNING LAW AND JURISDICTION
Regardless of your place of residence or where you access or use the App from, these Terms and your use of the App will be exclusively governed by and construed in accordance with the laws of the state of Israel, excluding any otherwise applicable rules of conflict of laws.
Any dispute, controversy or claim which may arise out of or in connection with these Terms or the App, shall be submitted to the sole and exclusive jurisdiction and venue of the competent courts located in Tel-Aviv-Jaffa, Israel.
These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and the Company, other than that of two independent contractual parties.
If any provision of these Terms is held illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then that provision shall be performed and enforced to the maximum extent permissible by law to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall remain in full force and effect.
You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding anything to the contrary under law, we may assign these Terms to a third party in their entirety, including all rights, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets relating to these Terms. By virtue of such assignment, the assignee assumes our stead, including all rights, duties, liabilities and obligations, and we are irrevocably released from the same.
CHANGES TO THESE TERMS
We may change these Terms at any time, in whole or in part, at our own discretion. We will make efforts to inform you of such change through the App. Your continued use of the App after the effective date of the change to these Terms indicates your consent to them. If you do not consent to the amended Terms, you must permanently cease use of the App. The latest version of the Terms will always be accessible through the App.
For any questions or inquiries, you may contact us through the chat on the App or by email at email@example.com.