This End User License Agreement (hereinafter referred to as the “Agreement” or “EULA”) is an agreement between the end user (hereinafter referred to as "You" or "Licensee") and Talklog Tools (hereinafter referred to as "We" or "Licensor"), the developer and owner of the software, including the site www.talklog.tools, hereinafter referred to as the "Software".
Please read this Agreement carefully before downloading or installing the Software. If you do not agree with the above information or have any questions about this EULA, please refrain from any use of the Software. Any installing, copying, accessing or using the Software by you constitutes an acceptance of this EULA and promise of compliance with all terms and conditions hereof.
Important: By downloading, accessing, installing or using the Software and Documentation, you agree to comply with the following terms and conditions hereof.
You agree to install this Software only on your own device(s) or device(s) for which you got clear permission and consent for such installation from the owner of the device that is documented in accordance with the laws in your jurisdiction.
You also agree to inform any person who uses this device with the installed Software, as well as any other person who has the right to access to monitor an account with the Software installed on it.
You should independently explore the possibility to use the Software in your jurisdiction. Please consult a legal advisor if necessary.
For example, if you are located in Canada, you should be obliged to read and strictly comply with the Personal Information and Electronic Document Protection Act (PIPEDA) before using the Software.
For example, if you are located in the USA, you should be obliged to read and strictly comply with the Children’s Online Privacy Protection Act (COPPA) and the Wiretap Act before using the Software.
The Software is designed for legal use only.
This Software is designed to be used on Smartphones and tablets solely for the purpose of parental control or other legitimate purposes, on a device that is your property and which monitoring is agreed with its user.
Using the Software for other purposes is a violation of applicable law, which can lead to serious administrative or criminal liability imposed on the offender.
You should consult with your legal adviser regarding the legitimacy of using the Software in the way that you intend to apply before registering, downloading, installing and using it.
We are not responsible for a user’s monitoring a device(-s) without having legal rights to do so.
We do not provide any legal advice regarding the use of the Software.
Granting the License
In accordance with the terms and conditions hereof, the Licensor hereby grants you a limited, revocable, personal, non-exclusive and non-transferable License to download, install and use the Software on one or more devices which are owned by you and under your control solely for your personal, private and non-commercial use. Sharing the Software with others, or allowing others to view the contents of this Software, violates the License.
The Licensor reserves all rights not expressly granted to you in this Agreement. You understand that the Software may be used only for the following purposes:
- Parental control
- Storage of data from a device that is your property
- Storage of data from a user’s device (for example, your employee), subject to mandatory obtaining a permit from the user
- Other legitimate purposes, according to the laws in your jurisdiction.
Despite the fact that anyone in the world can have an access to the Software, the Licensor makes no representation that the Software and related materials are suitable and available for use in your jurisdiction.
The Software cannot be available in the territories where such content is prohibited by local laws. Any proposal and/or information made with respect to this Software is void in the territories where the Software is prohibited.
You agree that you will check all local, state and federal laws to make sure you are complying with all laws in your region. It may be illegal in your region to monitor other individuals on your own device.
Users who are under 18 years old cannot use the Software.
If you install the Software onto a device, which you do not own, or without proper consent of the monitored user, we will transfer such information to law officials to the fullest extent possible. This includes turning over the requested customer’s data, and any other purchase/product-related information.
A person in respect of whom you exercise unlawful control has the right to report your actions, and we will properly investigate and process this information. We reserve the right to inform such person of instructions on how to uninstall the Software and to block your account.
You may not and agrees not to or enable others to modify, adapt, translate, sublicense, sell, rent, lease, or loan all or any portion of the Software.
You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
You may not and agrees not to or enable others to use the Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage.
You may not and agrees not to or enable others to remove or obscure the Licensor’s copyright or trademark notices, or the copyright and trademark notices of any third parties that the Licensor has included in the Software.
You may not and agrees not to or enable others to use the Software in any manner that is illegal or not authorized by this EULA.
Violation of the EULA’s terms and conditions will result in the immediate termination of using the Software without compensation.
Termination of the EULA by the Licensor
We have the right to immediately terminate this Agreement in the following cases:
- If the Licensee violate any of his/her obligations under this EULA
- If the Licensee uses this Licensed Software to perform any illegal or unlawful actions
The Licensee will not be able to use the Software after termination of the EULA.
No Warranty on the Software
The Software is provided to the Licensee “as is”. The Licensor and the Licensor’s suppliers, affiliates, agents and employees do not give any guarantees regarding the use of the Software or its performance. You acknowledge and agree that, to the extent permitted by applicable law, you use this Software at your sole risk.
Any oral or written information, including, but not limited to advices provided by the Licensor or Licensor’s authorized representative is not warranty.
Limitation of Liability
The Licensor and its affiliates, employees, agents are in no event liable for any damages, claims or costs, or for any consequential, indirect, special, punitive, incidental damages, or any loss of profit or savings.
The aggregate liability of the Licensor and its affiliates and employees shall be limited to the fee the Licensee has paid for the Software, if any.
You will indemnify and hold the Licensor harmless of all claims, damages, liabilities, losses, fines, costs and expenses (including attorney’s fees) arising from or relating to the Licensee’s illegal or improper use of this Software from any third parties.
The Licensee’s obligations under this article shall survive the termination hereof.
This Agreement is the entire agreement between you and Licensor and supersedes any other communications or advertisements with respect to the Software.
The Licensor may update this Agreement from time to time.
The continued use of the Software means your acceptance of the updated Agreement to the full extent.
f you cannot accept the updated Agreement, you must stop using the Software. The Licensor will not be liable to you in such circumstances.
By installing the Software, you acknowledge that you have read this EULA and fully understand its essence, and also agree to comply with its entire terms and conditions.
You also agree that this EULA is a complete and exclusive statement of the agreement between the parties and complies with all the proposed or prior agreements set forth orally or in writing, and any other relationships between the parties with respect to the License described herein.
PAYMENT AND REFUND POLICY
This policy applies to your purchase of accessing (payment) the information collected by the Software information and posted on the Site. Please, carefully review this policy before you making a purchase. Making a payment constitutes your full agreement with this policy.
Providing Site services after your payment
Payment provides access to the information already gathered on the Site.
Payment does not affect the operation of the Software installed on the phone.
According to this policy, you are eligible to receive a full refund within 12 hours of purchase, provided that your reasons for return do not contradict with our refund policy.
Force majeure circumstance
Refunds will not be granted if you provide the reasons that are not related to the information presented on the Site, or the reasons are beyond the scope of our control. Namely:
- If a target phone / device fails to connect to the Internet
- If the Software has been removed
- If the Software is in conflict with other applications installed on your phone / device
- Any other reason that is not related to the presentation of the information already gathered on the Site.
The decision on refunds is made within 3 working days. On our part, we may request extensive data confirming the lawful use of Software on your part. If you fail to provide all the necessary information, then your request will be rejected.
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