AllTracker Terms and Conditions
Effective starting: May 25, 2018
This AllTracker Terms and Conditions (the "Agreement") is between you and Ruslan Ragimov ("AllTracker"). AllTracker may modify this Agreement from time to time, subject to the terms in Section (Changes to this Agreement) below.
By clicking on the “I agree” (or similar button) that is presented to you at the time of your Order, or by using or accessing AllTracker products, you indicate your assent to be bound by this Agreement.
1. Scope of the Agreement
2. Definitions and Interpretation
In these Data Processing Terms:
- "AllTracker" means the Services provided by Software that is party to the Agreement.
- "Application Provider" means Ruslan Ragimov that is party to the Agreement.
- "Customer Personal Data" means personal data that is processed by AllTracker on behalf of Customer in AllTracker’s provision of the Processor Services.
- "Data Protection Legislation" means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland).
- "EEA" means the European Economic Area.
- "EULA" means the End User License Agreement, thus this Terms and Conditions.
- "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- "Notification Email Address" means the email address (if any) designated by Customer, via the user interface of the Processor Services or such other means, to receive certain notifications from AllTracker relating to these Data Processing Terms.
- "Privacy Shield" means the EU-U.S. Privacy Shield legal framework and the Swiss-U.S. Privacy Shield legal framework.
- "Service" means the applicable services of AllTracker.
- "Licensed Software" means any version of AllTracker application, which can be installed on a mobile device.
- The terms "controller", "data subject", "personal data", "processing", "processor" and "supervisory authority" as used in these Data Processing Terms have the meanings given in the GDPR.
3. Account Registration
You may need to register for an AllTracker account in order to place orders or access or receive any Products. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
4.1 Directly with AllTracker. AllTracker’s Product ordering documentation or purchase flow ("Order") will specify your authorized scope of use for the Products, which may include: (a) number and type of monitored devices, (b) features and other restrictions or billable units (as applicable, the "Scope of Use"). The term "Order" also includes any applicable Product or Support and Maintenance renewal, or purchases you make to increase or upgrade your Scope of Use.
5. Authorized Users
Only the specific individuals for whom you have paid the required fees and whom you designate through the applicable Product (“Authorized Users”) may access and use the Products. You are responsible for compliance with this Agreement by all Authorized Users.
6. Software Terms
6.1 Your License Rights. Subject to the terms and conditions of this Agreement, AllTracker grants you a non-exclusive, non-sublicenseable and non-transferable license to install and use the Software during the applicable License Term in accordance with this Agreement, your applicable Scope of Use, and the Documentation. The term of each Software license (“License Term”) will be specified in your Order. Your License Term will end upon any termination of this Agreement, even if it is identified as “perpetual” or if no expiration date is specified in your Order.
6.2 Target Devices. By accepting this Agreement, you agree to install this software only on any device or devices that you own and for cloud-based or other monitoring that does not require installation on a device, only in connection with an account, application, or Program you have the legal right of access. You also agree to inform all persons who use a device with the installed software and any other person who has the right to access a supervised account for the presence of the software. Failure to do so may violate state and federal laws. You understand and agree that you are responsible for all legal costs incurred by the Application Provider as a result of your improper or illegal use of the Software.
6.3 Local, State, and Federal Laws Complying. User agrees that the installation and use of the Software will be in accordance with all local, state, and federal laws governing the monitoring of device, account, application, or program activity and usage. User agrees to install this software ONLY on a device that is owned by the User or on a device for which User has been given explicit permission by the device owner for such installation. User agrees to DON'T install this Software on any device that is not owned by User or on any device for which User has not been given explicit permission for such installation.
6.4 Scope of License. Application Provider grants You a non-exclusive, non-transferable End-User license right to install the Licensed Software on one mobile device that You own or control or to use the software for cloud-based monitoring of a specified account, application, or program. Nothing in this license should be interpreted as permitting installation of the Licensed Software on any device You do not own or control or which You do not have the legal right to monitor or to monitor any account, application, or program You do not have the legal right to monitor. It is Your responsibility to determine whether You have the legal right to monitor the device, account, application, or program; Application Provider cannot be held responsible if a User chooses to monitor a device, account, application, or program the User does not have the right to monitor.
6.5 AllTracker is Designed for Legal Use. The Licensed Software is designed for use by those who have the legal right to monitor the device, account, application, or program on which it is installed or which it is used to monitor. Application Provider cannot provide legal advice to you regarding your use of the Licensed Software. Be aware that it is considered a violation of United States federal and/or state law in most instances to install or use surveillance software, such as the Licensed Software, in connection a mobile phone or other device, account, application, or program you do not have the right to monitor. The law generally requires you to notify users or owners of the device, account, application, or program that the device, account, application, or program is being monitored. Failure to do so may result in violation of applicable law, which could result in severe monetary and criminal penalties imposed on the violator. You should consult your own legal advisor with respect to legality of using the Licensed Software in the manner you intend to use it prior to downloading, installing, or using the Licensed Software. You take full responsibility for determining that you have the right to monitor the device, account, application, or program on which the Licensed Software is installed. Application Provider cannot be held responsible if a User chooses to monitor a device, account, application, or program the User does not have the right to monitor.
6.6 Improper Use of the Software. You agree not to use the Licensed Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Licensed Software.
Except as otherwise expressly permitted in this Agreement, you will not: (a) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer, or provide access to the Products to a third party, (b) use the Products for the benefit of any third party, (c) incorporate any Products into a product or service you provide to a third party, (d) interfere with any license key mechanism in the Products or otherwise circumvent mechanisms in the Products intended to limit your use, (e) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Products, except as permitted by law, (f) remove or obscure any proprietary or other notices contained in any Product, or (g) publicly disseminate information regarding the performance of the Products.
8. Warranty and Disclaimer.
8.1 Due Authority. Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.
8.2 WARRANTY DISCLAIMER. ALL PRODUCTS ARE PROVIDED “AS IS,” AND ALLTRACKER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ALLTRACKER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF ALLTRACKER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ALLTRACKER NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY SERVER(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
Neither party (nor its suppliers) shall be liable for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance. Neither party’s aggregate liability to the other shall exceed the amount actually paid by you to us for products and support and maintenance in the 12 months immediately preceding the claim. This section 9 (limitation of liability) shall not apply to (1) amounts owed by you under any orders, (2) either party’s express indemnification obligations in this agreement, or (3) your breach of section 7 (restrictions). The parties agree that the limitations specified in this section 9 (limitation of liability) will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
10. Improving Our Products
11. Term and Termination
The term of this license runs concurrently with the period during You are authorized to use the Licensed Software. Your rights under this license will terminate automatically without notice from Application Provider if You fail to comply with any term(s) of this license or your subscription period expires. Upon termination of the license, You shall cease all use of the Licensed Software and uninstall it from any devices on which it was installed.
12. Usage Fee
12.1 Subscription for a monthly fee with unlimited access to certain services defined by the subscription plan of the AllTracker service. You can see the descriptions of services included to any plan on our pricing page. The subscription fee is automatically withdrawn at the end of the payment period, if the subscription has not been canceled within the period. The subscription period can be monthly or annual. With an annual subscription, the amount for 12 months is withdrawn in one transaction. You can unsubscribe at any time on your profile page. When a subscription is canceled, the paid plan remains active until the end of the payment period.
12.2 Prepaid. You can pay onetime for each plan for a specific period of use. In this case you will be able to use all the features included to a specific plan for the paid period. After payed period ends you will not be billed for the next period.
13. Changes to this Agreement
We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the billing or technical contact you designate in the applicable Order, posting on our blog, through your AllTracker account, or in the Product itself). If we modify the Agreement during your License Term or Subscription Term, the modified version will be effective upon your next renewal of a License Term, Support and Maintenance term, or Subscription Term, as applicable. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. With respect to No-Charge Products, accepting the updated Agreement is required for you to continue using the No-Charge Products. You may be required to click through the updated Agreement to show your acceptance. If you do not agree to the updated Agreement after it becomes effective, you will no longer have a right to use No-Charge Products. For the avoidance of doubt, any Order is subject to the version of the Agreement in effect at the time of the Order.
14. Contact Us