Terms and Conditions of HereO Cloud Service

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January 2017

The following Terms and Conditions regulate the provision by KGPS Ltd. located at Alexandrou Business Centre, Omirou 76, 3096 Limassol, Cyprus (hereinafter “hereO”, “we”, “us”, “our”), together with its subsidiaries, of a GPS location service using the HereO Device, equipped with WiFi, a built-in SIM card and a built-in USB connector (“Product”) and the HereO application (“App”).  

In particular, HereO provides a cloud based service that is able to generate location results that enable a parent, a legal guardian or otherwise authorized adult (hereinafter “End User”) to track the holder to which End User has given the HereO Product (hereinafter “Watch Holder”) to keep track of movements and whereabouts of Watch Holders directly through End Users’ smartphone via the App (the “Service”).  

In order to be able to subscribe the Service, End Users need to previously download the App through Apple or Play Store and create an account. By pressing the bottom “add device and subscribe” on the App, End User accepts and agrees to be bound by all of the terms of service and hereO’s Data Processing and Security Terms (“Privacy Policy”).

We may, from time to time, modify these Terms and Conditions or the Privacy Policy. Any such modification will be effective immediately upon posting the modified version on the App. Using the Service following the date of posting the modified version of these Terms and Conditions you will be considered as having accepted the modified version of these Terms and Conditions.     

GENERAL TERMS OF USE

  1. In order to subscribe the Service You must have reached the age of majority, will need to have an account and be in the availability of a Product.
  2. The Service is for your personal and non-commercial use. Accordingly, you may not commercially distribute, publish, license, or sell any information or services obtained from the Service.
  3. Service cannot be used for any purpose that is unlawful or prohibited by these Terms and Conditions or the Privacy Policy or by law.  We may suspend or stop providing access to the Service to you if you do not comply with our Terms and Conditions or the Privacy Policy or if we are investigating suspected misconduct.
  4. Do not use 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.
  5. Do not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
  6. Do not use the Services or the App 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.
  7. 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 Privacy Policy.
  8. The Service is intended for use by customers who located in the country or region serviced by the Services.
  9. 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.

Termination

The Service is provided from subscription for a one month period and will be automatically renewed every month until you decide to terminate it from App.

Fees

The Service has a monthly fee as indicated at the time of the subscription of the Service. You will not need to pay any other telecommunication operators’ fee as it is included in the Service. The fee include all taxes, duties, taxes, costs, fees and other charges that may apply to the Service.

The fee will be charge monthly depending on the subscription package you prefer and to the extent permitted by law may be automatically renewed. 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. We will also remind you that we will bill your chosen payment method for the services renewal. 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.

DISCLAIMERS

TO THE EXTENT PERMITTED UNDER 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.  
  • YOU UNDERSTAND THAT YOUR 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:

  1. THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE APP OR THE SERVICE;
  2. THE ACCURACY OF THE MAPS, LOCATION AND GPS SERVICES INCLUDED IN THE SERVICE OR OTHER CONTENTS;
  3. 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 Privacy Policy, 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 Service and/or the App, 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 monthly subscription fee of the Service (not including the purchase price for hardware, software, support, or extended warranties).

TO THE EXTENT PERMITTED BY LAW 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 APP AND THE SERVICE, OR THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE 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.

To the extent permitted by law, 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.

Copyright and Trademark.

All contents of the App and the Service are the copyright of hereO and/or its suppliers. We or our suppliers own the title, copyright, and other intellectual property rights in the Website, the App and the Service and content.  hereO and the names, logos, and icons of all of hereO products and services may be either trademarks or registered trademarks of hereO anywhere in the world.

 

 

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