HereO App and Cloud Service Agreement
Updated October 2015
The following App and Cloud Services Agreement is entered into by KGPS Ltd. (“hereO”, “we”, “us”, “our”), located at Alexandrou Business Centre, Omirou 76, 3096 Limassol, Cyprus and the End User (as defined below).
hereO (together with its subsidiaries) develops, distributes and sells, directly or through others, a GPS location device (the “Product”). The Product, equipped with WiFi, a built-in SIM card and a built-in USB connector, while using third parties’ location services through IP, Wi-Fi, cellular radios and/or GPS signal provides a cloud based service that is able to generate location results that enable End Users (as defined below) to keep track of the whereabouts of their respective Watch Holders (as defined below) directly on their smartphone via a specifically downloadable application (the “Service” and the “App”, respectively).
By downloading the App or otherwise using the Service, you accept and agree to be bound by the following:
- all of the terms, conditions, policies and guidelines described in this HereO App and Cloud Service Agreement (these “Terms and Conditions”); and
- hereO’s Data Processing and Security Terms appearing on www.hereofamily.com/pp , as may be amended, restated or replaced from time to time in accordance with their terms (the “Data Protection and Security Terms”); and
- the Terms and Conditions of Web Use and Terms of Sale appearing on the Website (as defined below), as may be amended, restated or replaced from time to time in accordance with their terms (the “Web Terms and Conditions”); provided, however, that to the extent of any inconsistency between these Terms and Conditions and the Web Terms and Conditions, these Terms and Conditions shall prevail;
- you are 13th years old or older
Please read carefully these Terms and Conditions and Data Processing and Security Terms. You may also consult with your legal advisors in order to understand the ramifications and consequences of these Terms and Conditions and the Data Protection and Security Terms. We recommend that you save or print a copy of these Terms and Conditions and the Data Protection and Security Terms (or any modification thereto) for future reference.
- PURCHASE THE PRODUCT AT THE WEBSITE (AS DEFINED BELOW);
- DOWNLOAD THE APP; OR
- RECEIVE OR USE THE SERVICE; OR
We may, from time to time, modify these Terms and Conditions or the Data Protection and Security Terms. Any such modification will be effective immediately upon posting the modified version of these Terms and Conditions or the Data Protection and Security Terms, as applicable, on the Website. To the extent permitted by law, you agree that no specific notice of any such modification will be required to be given to you.
Your continued use of the Service, or otherwise if you purchase any Product online or download the App following the date of posting the modified version of these Terms and Conditions on the Website you will be considered as having accepted the modified version of these Terms and Conditions. We may add from time to time additional services to the Service or offer additional products. If we do so, these Terms and Conditions and the Data Protection and Security Terms (as may be modified to account specifically for the inclusion of any such additional services or products or otherwise) will be applicable to such additional services and products and any reference in these Terms and Conditions to the Service and the Product shall be deemed to include these additional services and products, respectively.
In these Terms and Conditions, each of the following term shall have the meaning given to it below:
- “End User”, “you”, “yours” and words of similar import mean or reference a parent, a legal guardian or otherwise an authorized adult that has subscribed to the Service to track the Watch Holder;
- “Watch Holder” means any child or another person or other holder to which an End User has given the HereO Product to keep track of its movements;
- “Website” means hereO’s website at www.hereofamily.com or any other website or any other domain as may replace the same from time to time.
In these Terms and Conditions, (i) other terms defined elsewhere in these Terms and Conditions shall have the meaning given to them where such terms are defined; (ii) the singular shall include the plural and vice versa; and (iii) a reference to any gender or the neutral form shall include reference to the other genders or the neutral form, as applicable.
In order to operate the App or use the Service, you will need to open an account with us on the Website in accordance with the Web Terms and Conditions.
The Data Protection and Security Terms explain how we treat your personal data and protect your privacy when you use the Service.
By using the App, the Product or the Service, you agree that hereO may use such data in accordance with our Data Protection and Security Terms.
As a preliminary condition of your use of the App, the Product or the Service, you agree that:
- The App and the Service are for your personal and non-commercial use. Accordingly, you may not commercially distribute, publish, license, or sell any information or services obtained from the App or Service.
- Do not use the App, the Product or the Service for any purpose that is unlawful or prohibited by these Terms and Conditions or the Data Protection and Security Terms and, otherwise, misuse the Service. For example, do not interfere with the Service or try to access it using a method other than the interface or the App and the instructions that we provide. You may use our Service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms, conditions, policies or guidelines provided in these Terms and Conditions or the Data Protection and Security Terms or if we are investigating suspected misconduct.
- Do not use the App, the Product or the Service in any manner that could damage, disable, overburden, or impair any hereO’s server, or the network(s) connected to any hereO’s server, or interfere with any other party’s use and enjoyment of any Service.
- Do not attempt to gain unauthorized access to a Service provided to others, other accounts, computer systems or networks connected to any hereO’s server through hacking, password mining or any other means.
- Do not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
- Do not use the App or the Service in a way that infringes rights of third parties, including, but not limited to, willfully harming, shaming or libeling any person or entity, including hereO.
- You may sign up for the Service by selecting the subscription package you prefer. Some subscription packages may be automatically renewable. To the extent permitted by law, you may purchase subscription packages that are automatically renewable. If you purchase such subscription package and provide us with a payment method, you (i) represent and warrant that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize hereO to charge you for the Service using your payment method. We will inform you by email before automatically renewing any subscription products. Once we have informed you that your subscription will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.
- hereO reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, in hereO’s sole discretion, within the limitation of the Data Protection and Security Terms.
The purpose of the Service is to use the Watch Holder’s location information to create a detailed location history of all of your child’s whereabouts when using the Service. hereO uses this history to improve the quality of the Service it offers you. This history is associated with your account and username and may be retained by hereO for a limited period of time and in accordance with the Data Protection and Security Terms.
- The Service may include contents or services that are not hereO’s and are obtained by hereO from third parties (including, but not limited to, location services). Such contents or services are the sole responsibility of the third parties that provide them.
- In connection with your use of the Website, the App or the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
- You may provide hereO from time to time feedback, comments, input, suggestions, ratings, etc. with respect to the Service or Product, by posting, uploading, or furnishing in any manner, to hereO, specific communities or the public at large (collectively, “Feedback”). While hereO does not claim ownership of any Feedback it shall have the right, but not the obligation, to use your Feedback, including your name, for the purpose for which it was provided, or otherwise to remove it. No compensation will be paid with respect to the use of your Feedback. By providing any such Feedback you warrant and represent that you own or otherwise control all of the rights to your Feedback as described in these Terms and Conditions, including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- IN ANY EVENT, DO NOT PROVIDE OR UPLOAD ANY ORIGINAL CREATIVE WORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS.
DISCLAIMERS; LIMITATION OF LIABILITY
To the extent permitted by the applicable law:
- HEREO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO THE PRODUCT OR THE SERVICE.
- THE PRODUCT AND THE SERVICE ARE SOLELY WARRANTED, IF AT ALL, UNDER THE LIMITED WARRANTY, AS APPLICABLE.
- YOU UNDERSTAND THAT YOUR PURCHASE AND USE OF THE PRODUCT AND SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE PRODUCT AND SERVICE ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.”
- YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME THE ENTIRE RISK (I) FOR THE USE OF AND RELIANCE ON THE SERVICE; (II) AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT AND SERVICE SHOULD THEY PROVE DEFECTIVE.
- YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.
- HEREO DOES NOT GUARANTEE:
THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE APP OR THE SERVICE;
THE ACCURACY OF THE MAPS, LOCATION AND GPS SERVICES INCLUDED IN THE SERVICE OR OTHER CONTENTS;
THAT THE APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.
- WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
- YOU ACKNOWLEDGE THAT COMPUTER, MOBILE DEVICES AND OTHER TELECOMMUNICATION SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR.
Limitation of Liability.
If, despite the other provisions of these Terms and Conditions or the Data Protection and Security Terms, hereO is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the App or the Service, you agree that your exclusive remedy is either, (i) as set forth in the Limited Warranty if applicable to such Warranty Claim, or (ii) to recover from hereO direct damages up to an amount equal to one month subscription fee of the Service (not including the purchase price for hardware, software, support, or extended warranties).
YOU AGREE THAT YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, LOSS OF PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE WEBSITE, THE APP, THE SERVICE, THESE TERMS AND CONDITIONS, OR THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE WEBSITE, THE APP OR SERVICE; DELAYS, INTERRUPTIONS, ERRORS, BREAKDOWNS OR FAILURES IN, OR INABILITY TO USE, THE SERVICE OR IN ANY FUNCTION THEREOF (INCLUDING, BUT NOT LIMITED TO, ANY FAULTS, IMPRECISIONS OR INACCURACIES IN THE LOCATION SERVICE), OR ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE; DENIAL OR CANCELLATION OF YOUR ACCOUNT, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.
GOVERNING LAW; VENUE
These Terms and Conditions shall be exclusively governed by the laws of England and Wales without giving effect to any principles of conflict of laws.
Any dispute, claim or controversy arising out of, or in connection with, these Terms and Conditions, will be under the exclusive jurisdiction of the competent court in London, England.