Effective Date: October 1st, 2021
Table of Contents
- 2.Service use
- 4.Service Features
- 5.User Account
- 6.Grant of the Right to Use the Service
- 7.Restricted Use
- 8.Mobile Applications
- 9.Notifications Regarding the Service
- 10.User Content
- 11.Intellectual Property Rights
- 12.Paid Services
- 13.Account Closure
- 14.Third-Party Links
- 15.Indemnification and Limited Liability
- 16.Information Concerning the Exercise of the Right of Withdrawal for European Union Residents
- 17.Applicable Law and Disputes Resolution
- 19.General provisions
- 20.Contact Details
Ikarias 7, 12132, Peristeri, Athens, Greece
Contact E-mail: firstname.lastname@example.org
Phone Number: +30 2110194329
If You use the Services on external platforms, including but not limited to, Apple App Store and Google PlayTM, You must also accept and comply with all rules of such platforms applicable to the Services.
If you have any questions please contact us at email@example.com
To our legal relations apply the Rules of sale of goods by a remote method of selling under a retail sale and purchase agreement, approved by the Government of Greece.
You may not use the Services for commercial purposes or in any way that is unlawful, or harms the Company or any other person or entity.
2. Service use
2.1. Our service is created in order to rest parents assured for their children.
2.2. The User may use the service in accordance with the terms and conditions of this agreement and all applied local and international laws, rules and regulations.
2.4. Parent is a person who is over the age of 18 or any higher minimum age of majority.
Child is a person who is under the age of 18 or any higher minimum age of majority.
4. Service Features
4.1. The Service includes app “FFS – Family & Friends Security” which is installed on both parents and children mobile devices. To activate the access to the Service for “FFS – Family & Friends Security” app it is required to accept the invitation that is sent from the device of the parent who uses the Service “FFS – Family & Friends Security”.
4.2. “FFS – Family & Friends Security” determines the child mobile device location using built into phone GPS unit, internet-communication system (WiFi) and mobile internet. The Service tracks to the parents (who have an installed “FFS – Family & Friends Security” app) the transferring, therefore the child must be added to the parents profile. The parent might add up to 5 members to his/her profile. Besides, the Service includes the following list of features:
– displays the child tracking history at the parent’`s device;
– sends notifications to the parent’`s mobile phone on which “FFS – Family & Friends Security” app is installed in case a child leaves the marked area;
– displays the child mobile charge level;
– other functions according to the acquired license.
The parents should be aware that the accuracy of the child’s location depends on many factors, such as mobile network coverage, connection stability, and so on. For example, if the child is in a building or area with poor network coverage, the map may not be displayed correctly and the child’s location may not match the actual location on the map. This may seem obvious, but the child’s location on the map is the location of their device. For example, if the child forgot their device or gave it to a friend, the app will show the location of the device instead of where the child is physically located.
4.3. There are the features which are aimed on collecting and exchanging of information regarding your location, you and other persons who use the Service. Those features require the installation of the relevant software for which the location data is provided, and features might not be working properly in case the relevant settings allowing to collect and share the data and location data are switched off. Besides this, the features might not be working properly for various reasons. For example, in case the mobile device on which the Application installed is switched off or is not connected to the wireless network, if the location finding feature is disabled, if the Service is not used or blocked on the device and etc.
5. User Account
5.1. YOU ACKNOWLEDGE AND AGREE THAT SHOULD THE COMPANY PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY. The Company does not recognize the transfer of any Account or user profile. Therefore, you may not give, purchase, sell, barter, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of the Company. Any attempt to do so shall be void and of no effect.
5.2. Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your Account.
5.3. The User has may manage his/her personal profile and the way how one interacts with the Service by changing the available Account settings.
6. Grant of the Right to Use the Service
6.1. The Service is intended for your personal, non-commercial use.
6.2. Hereby the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Service, (2) access and view the Content within the Service and (3) access and use the software and mobile Applications by downloading and installing one compiled coded copy on a User device.
7. Restricted Use
7.1. Any use of the Services in violation of this Terms or any other documents forming an integral part of these Terms, and rules of applicable law is strictly prohibited, and can result in the immediate revocation of your limited license and may subject you to liability for violations of the law.
7.2. The User is not allowed to: (i) copy, publish or disclose any part of the Service in any media including but not limited to automated or non-automated “duplication”; (ii) use any kind of automated system including apart from everything else “robots” and any of its kind in order to access the Service in a manner allowing to send the multiple requests to the Company’s servers rather than an individual can send within the same timeframe using an ordinary web browser; (iii) send spam, letters thread or any other unsuitable content; (iv) disrupt attempts, discredit the system integrity or its security or decipher the data transmitted to the server or from the servers on which the service is on at; (v) take any actions which can be considered by the Company as ones leading or might be leading to disproportionate or meaningless heavy infrastructure load; (vi) upload an invalid data, viruses, worms or any other software bots by means of the Service; (vii) collect any personal data including the profile names stored in Service; (viii) perform non-commercial use of the Service; (ix) take on a different persona or in any other way falsify the belonging to a particular individual or a legal entity, commit a fraud, hide or try to conceal your true identity; (x) affect the proper Service work; (xi) access to any content in frames of the Service using any technology or any other methods beside ones allowed or offered by the Service; or bypassing the measures which can be taken in order to prevent or limit the access to the Service, including but not limited to the features preventing or limiting the usage or copying of any content or set the limits on the Service or its content use.
7.3. The User is not allowed to: (i) modify, decompile or reconstruct the software; (ii) sublicense and spread or otherwise provide any other third party with an access to software or use software in order to provide sharing use for any third party as well; (iii) make any copy of software; (iv) remove, avoid, switch off, harm or by any other means influence on software functional or (v) remove the copyrights notification and any other property rights for software.
7.3.1. We respect the rights of others and encourage you to do the same. Therefore, you should not use the Service or allow others to do so if such actions infringe on someone’s rights, including privacy, personal data, other legally protected secrets, and intellectual property. If during the use of the Service, for example, while live listening , you received information related to the third parties without their consent, please delete it immediately and do not perform actions on its further processing (storage, sending, playing, etc.), except when such processing is aimed at preventing crimes or bringing the guilty persons to criminal liability. Since we do not have access to information relating to third parties received without their consent, all liability for its use and other processing lies entirely with you.
7.4. In case of violation of the Terms the Company reserves the right to terminate a license at any time and at its sole discretion.
8. Mobile Applications
8.1. Within frames of the Service the Company offers the mobile software including apps developed for the mobile devices (“Applications”). In order to use Applications, the User must have a mobile device compatible with mobile software. The Company does not guarantee that Applications are fully compatible with the device the User has.
9. Notifications Regarding the Service
9.1. Upon providing of e-mail address to the Company, the User agrees to the fact that the Company may use e-mail address in order to send legal notifications regarding the Service instead of sending paper letters via post.
9.2. You also agree and grant the Company the right to send you advertising messages.
10. User Content
10.1. User’`s Content. If the Company provides the ability for you to post, upload, store, share, send, or display photos, images, video, data, text, music, comments, and other information and content (hereinafter – “User Content”), you acknowledge that you are the owner of any intellectual property rights in any such User Content that you submit, or have sufficient rights to submit the User Content to the Services without infringing any third-party rights. The Company does not claim any ownership rights in any User Content that you may submit or offer through the Service. However, to the extent you submit any User Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to the Company to:
- use, reproduce, distribute, remove, and analyze any of your Content as the Company may deem necessary or desirable for any purpose in connection with the operation of the Services, and
- copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with the Company or the Services in any media, and
- use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Services, and
- delete any or all of your Content from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
- enable the Services or users of the Services to share or post User Content on third party sites, such as, without limitation, on social networking sites.
10.2. Placing User Content by Users or the third parties doesn’t mean that the Company has reviewed, verified or approved such placing, nor that it recommends it. The Company doesn’t bear any responsibility for the User Content, nor for any direct or indirect damage caused by the usage of such User Content or sites.
10.3. Submission of Feedback or Ideas. If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Company, or obtained from sources other than you.
11. Intellectual Property Rights
12. Paid Services
12.1. Fees for the use of the Service may be charged on a one-time basis or periodically (hereinafter – “Subscriptions”). The type of Subscription usually depends on its duration (one month, one year, lifetime) or the number of minutes required for live listening (for mobile devices running the Android operating system). Regardless of the type of subscription, its payment means the conclusion of an agreement between Us and You under the terms and conditions provided for in the Terms and the provisions of Article 429.4 of the Civil Code of the Greek Federation (Subscription Contract). According to the agreement, We undertake to provide You with access to additional features of the Service (e.g. monitoring of child’s location during the day and child’s routes for other days within 30 days, sending notifications when a child enters or leaves a place specified by You, monitoring of child’s location during the day and child’s routes for other days within 30 days, and other features), and the User undertakes to pay the Subscription fee. Such payment will be charged from your account automatically at the end of the relevant period of time. You can pay for the Subscription through the Site, Google Play, App Store, and directly in our mobile applications.
12.2. Purchases Through Mobile Platform. You agree that if you purchase Paid Services or make any in-app purchases through a mobile platform including but not limited to, Apple App Store and Google PlayTM, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of mobile store services or other legal agreement that governs your use of a given payment processing services and/or method, and in no event will the Company have any responsibility in connection with any of the foregoing.
12.4.If you wish to make a refund, you send us a claim, by sending us an email at firstname.lastname@example.org. We will review the claim within ten (10) calendar days and will notify you by e-mail at the address specified in the claim
12.5. No Refunds. Unless otherwise provided by applicable laws the Company does not make any refund for any unused time during the subscription use, any license or subscription fee for any part of the Service, any content or any other returns if you refuse to use the Service, close your account. Upon the cancellation of any subscription features, your subscription is valid until the end of your prepaid period.
12.6. Free Trials. Upon registration or from time to time, we may offer free trials of certain Subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the materials describing the particular trial. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free trial. Instructions for canceling your Subscription are described in the sections above. To avoid any charges, you must cancel your Subscription before the end of your free trial period. Before charging you at the end of the your free trial period, we will notify you of the applicable fees.
12.7. Price Changes. We reserve the right to adjust pricing for our Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to you.
12.8. Additional Expenses. All paid subscription and fees for accessing the subscription features are provided on a prepaid basis. The Company is not responsible for any kind of additional expenses or expenses the User might have to cover as a result by issuing the payment order by the Company in accordance with the present Terms (for example, commissions, taxes and fees and etc.).
12.9. Accurate Information. All provided information in relation to a purchase or transaction, or any other interaction by means of the cash transactions with the Service, must be accurate, complete and current.
13. Account Closure
13.1. In order to close your Account please send a request to email@example.com or contact Technical Support via Chat in “FFS – Family & Friends Security” app. If you send an e-mail, specify your name and the registered e-mail address. Your Account is to be closed within 5 business days after receiving the confirmation of your request.
14. Third-Party Links
14.1. The Service may contain the links to the third-party websites, advertisers, services, special offers or any other events or actions which are not owned or controlled by the Company. The company is not responsible for any such third-party sites, information, materials, products or services contained at such websites. In case you access the website of a third party from the Service, you do it at your own risk and understand that this Agreement is not applied in case of visiting of such websites. The User exempt the Company from any liability arising from the use of any third-party website, service or its content. In addition to this, all relationships or promotion advertisers found on the Service, including the payment and goods delivery as well as any other terms (e.g guarantees) are solely between you and such advertisers. The Users agrees to the fact that the Company is not responsible for any kind of loss or damage related to your cooperation with such third parties.
15. Indemnification and Limited Liability
15.1.You agree on indemnifying the Company for losses caused by the violating these Terms, including but not limited to, the violating of any statements and warranties specified here; the violation of any third-party rights, including but not limited to the right on privacy or intellectual property rights, the violation of any applicable law or regulation; access to any other party and use of the Service using the unique username, password or other appropriate security code.
15.2. Limited Liability. The Service is provided by the Company “AS IS”. The Company does not guarantee the compliance of the Service with the aims and expectations of the Users, its uninterrupted and error-free working process, accuracy of determining of the geographical coordinates. The Company is not responsible and does not compensate any damage, direct or indirect, caused to the User of the Service or to third parties as a result of use or inability to use the Service.
15.3. The User bears full responsibility before the third parties for all actions when using the Services, including the fact that they comply with the requirements of the law and do not violate the rights and legitimate interests of third parties. The User independently and at his/her own expense undertakes to settle all claims of third parties related to the actions of the User when using the Service.
15.4. The Company is not responsible for the gadgets loss (mobile devices) and do not share the information to third parties about the gadgets location.
15.5. Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
16. Information Concerning the Exercise of the Right of Withdrawal for European Union Residents
16.1. European Union residents should be aware that our Service is the exception of the right of withdrawal from the contract established by point (m) of Article 16 of Directive 2011/83 / EU of 25 October 2011. This means that by paying for the Subscription you lose the right to withdraw from the contract and return the amount paid for it, since the contract comprises the supply of digital content which is not supplied on a tangible medium the performance has and this contract has begun with Your prior express consent. Therefore, you will not benefit from a right of withdrawal.
17. Applicable Law and Disputes Resolution
17.2. All disputes are resolved by sending the claims to the Company, in case it is impossible to settle the disputes within 60 calendar days from the date of receiving of such claim, the Company and/or the User reserves the right to take legal action in court in accordance with the Company registration location, except as otherwise required by applicable law.
19. General provisions
19.2. These Terms, together with any changes and any additional agreements that you may into with the Company regarding the Service use, constitutes the entire agreement between you and the Company in relation to the Service. If any provision of this Agreement is considered invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect.
20. Contact details
20.1. Contact us at firstname.lastname@example.org with any questions regarding this Agreement.
The latest Agreement Terms of Service use is modified on October 1st, 2021