Effective date: January 08, 2020
You accept this public offer by purchasing (downloading) this
Application or paying the license fee - whichever comes first.
In the event that You accept this public offer, there is a license agreement
between You and the Licensor under conditions of this public offer. If You
purchase other services, there is a mixed contract, containing the elements of
a license agreement and a service agreement.
Any claims arisen due to ignorance of these conditions will not be accepted or
considered.
The User has the right to use Application only when these Terms are met. The
User (You) is a natural person using Application.
Licensor is a legal person, distributing the Application. Distribution of
Application among Users is performed by Awared, SLU.
User’s computer is a computer device in the possession and use of the
User and/or his children (wards, persons under care), including: smartphone,
mobile phone, etc., which are technically capable to reproduce and to start the
Application.
1. The subject of the license agreement
1.1. Licensor grants Users the right to use Application on the basis of
the ordinary
(non-exclusive) license as follows: - right to reproduce Application on the
User’s computer; - right to use Application as intended.
1.2. The term of the license agreement: from the date of the purchase of
Application until uninstall of Application by the User from all User’s
computers or when the Licensor discontinues Application support, including a
certain territory.
1.3. The territory of t he license
agreement: t he entire world.
1.4. The licensor may also provide services related to the Application
functionality. The list of these services (in the case of the provision) is
contained in the Application.
2. Payment of the license (license fee) and services. Purchase of the
Application
2.1. The date of payment of license fee for the right to use the
applications and /or services will apply as a date when corresponding full
amount arrives at the account of the Licensor or third parties, authorized by
Licensor to receive payments.
2.2. If it is required to perform some actions, described in Application and
necessary for its functioning, the User must perform these actions.
2.3. User pays the license fee and/or services in the amount specified in
Application and within the timeframe defined by the Licensor in the description
of Application or in Application. The User must keep records (including
electronic), confirming the payment of the right to use Application and other
services.
2.4. The licensor may set a free trial period of the Application use for the
assessment of the Application by User. Trial period is defined solely by
Licensor and can be found (if any) in the description of Application or in
Application. Licensor may change trial period unilaterally at any time and
without any notice to the User.
2.5. Rights to use Application granted to the User shall be considered
transferred to the User when the User downloads
Application or pays license fee - whichever comes first. When exclusive rights
are protected by technical means, the rights are considered to be transferred
to the User by granting him access permitting unprotect such means, for
example, by sending the User means of access via e-mail, postal service or
SMS.
Rights to use Application granted to the User cannot be transferred back to the
Licensor. If the User stops using Application, the license fee is not
refundable.
2.6. Licensor may change the amount of the license fee or fee for services at
any time, unilaterally and without any notice to the User.
2.7 PRO & PREMIUM are paid subscription services from iMapp that includes
(where available):
- Unlimited number of Friends (up to 1 in free version)
- Unlimited number of Place alerts (up to 1 in the free version)
- Location history for 2 months
- Requesting location of any person, regardless of whether they have the app on
their device installed
2.8 Billing Policies. If you elect to use PRO & PREMIUM Subscriptions, you
agree to the pricing and payment terms, as we may update them from time to
time. iMapp may add new services for additional fees and charges, or amend fees
and charges for existing services, at any time in its sole discretion. Any
change to our pricing or payment terms shall become effective in the billing
cycle following notice of such change to you as provided in this Agreement.
2.9 iMapp Subscription is payable in advance. All subscription and access
charges for the Service are payable in advance. IMapp reserves the right to
offer free trial period, that will automatically renew to a paid subscription
at the trial’s end. IMapp is not responsible for any charges or expenses you incur
resulting from charges billed by IMapp in accordance with the Terms of Service
(e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a
credit card number or other payment method with advance authorization features
(e.g. some PayPal accounts), you authorize IMapp to continue charging the
payment method for all charges due IMapp until your PRO & PREMIUM
Subscriptions account is settled and is terminated by either you or IMapp.
2.10 You may cancel your IMapp account at any time; however, there are no
refunds for any unused time on a subscription, any license or subscription fees
for any portion of the Service, any content or data associated with your
account, or for anything else. Upon cancelling your PRO & PREMIUM
Subscription service, your subscription will be valid until your paid period is
completed.
2.11 All information that you provide in connection with a purchase or
transaction or other monetary transaction interaction with the Service must be
accurate, complete, and current. You agree to pay all charges incurred by users
of your credit card, debit card, or other payment method used in connection
with a purchase or transaction or other monetary transaction interaction with
the Service at the prices in effect when such charges are incurred. You will
pay any applicable taxes, if any, relating to any such purchases, transactions
or other monetary transaction interactions.
3.1. Payment of the license fee is carried out by making auto-renewable
subscriptions in
AppStore or GooglePlay.
3.2. Price of the subscription depends on user country,
user will see the price inside the app before subscribe.
3.2. User can subscribe one of variants: 1 month
subscription (auto-renews once in the month) or 1 year subscription (auto-renews
once in the year).
3.3 Subscription automatically renews unless auto-renew is turned off at least
24-hours before the end of the current period. Account will be charged for
renewal within 24-hours prior to the end of the current period, and identify
the cost of the renewal.
3.4. Subscriptions may be managed by the user and auto-renewal may be turned
off by going to the user's Account Settings after purchase.
4. Special terms, warranties and responsibilities
4.1. Licensor shall not be liable for any damages (direct or indirect)
caused to the User
due to improper use of the Application.
4.2. Licensor shall be liable under general rules of the Russian Federation,
subject to the exceptions provided for in these Terms. In any case, the amount
of liability of the Licensor must not exceed the amount paid by the User for
license fee.
4.3. Licensor may assign or transfer his rights and obligations, arising from
relationships with the User, to third parties, subject to respect the rights
and interests of the User.
4.4. User warrants, from the date of the purchase of Application, that he has
full legal capacity and powers necessary for the purchase of the
Application.
4.5. The relationships of the Licensor and the User are subject to the law of
the Russian Federation. All disputes shall be settled by submitting claims. In
the event of failure to resolve any dispute using the compliant procedure
within 60 calendar days after the claim arises, the Licensor and/or User may
apply to the court of the place where the Licensor has his residence.
4.6. User represents and warrants that he purchases Application solely for the
purposes for which Application is intended, and that he will not use
Application to violate the laws of the Russian Federation or of any other
state.
4.7. User represents and warrants that he has no intentions to emulate,
decompile, disassemble, decrypt, and upgrade the Application or to perform
other actions aimed at revealing the architecture and the logic of the
Application. User represents and warrants that he will keep Copyright notices
intact.
4.8. Licensor may modify the Application, its functionality, including for the
purpose of optimization, customer satisfaction, etc. at any time, unilaterally
and without prior notice to Users. Licensor may include in the Application any
services, exclude these services, change their order, etc. at any time,
unilaterally and without prior notice to Users. Licensor may discontinue
Application support at any time.
4.9. Application is provided "as it is" and may contain errors in the
code, may not meet the expectations of the User, may not correspond to
analogues etc. Licensor shall not
be liable to the User for such errors and inconsistency. At the same time, the
Licensor take all available financial, organizational and technical measures to
make Application work i n t he most satisfactory
way.
4.10. Licensor may change these Terms unilaterally and without any notice t o t
he User.
4.11. Licensor has the right to localize (translate into appropriate language)
Application for any territory. He is also free not to do so. The User has no
right to claim from the Licensor to localize Application for the territory
where the User resides. Available languages are specified i
n t he description of Application or i n t he
Application.
4.12. The launch of Application requires the User’s computer with an
Android-based operating system, version 4.0 or higher or I OS 7.1 and
higher.
The User’s computer must have a minimum of 80 Mb of free memory.
4.13. If the Licensor becomes aware that the User uses Application in violation
of these Terms or the Russian Federation laws, the Licensor has the right to
suspend the use of the Application.
5. Provision of information by the User
5.1. The User provides the information requested by the Application for
proper functioning. In the event that the User provides information about his
children (wards, persons under care), he acts as their legal representative by
virtue of Art. 64 of the Family Code of the Russian Federation and / or Art. 31
of the Civil Code. To provide data on children (wards, persons under care), a
special authorization is not required.
5.2. The User is solely responsible for the provision of false information,
resulting in an inability of the Licensor to fulfill properly his obligations
to the User and / or in failure of Application to perform specified
functions.
5.3. Licensor does not verify the data, entered by the User.
5.4. The User grants the Licensor the right to process all provided information
in the following ways: collection, recording, systematization, accumulation,
storage, clarification (update, change), use, transfer (distribution,
provision, access), depersonalization, blocking, deletion, destruction for the
sole purpose – functioning of Application f or the purposes of its use.
5.5. By providing the Licensor phone number or email address, the User agrees
that Licensor has the right, without any payment, to send on a specified phone
number or e-mail promotional information on his products or products of his
partners.
5.6. The User agrees to receive the newsletter, relating to Application and its
functioning (notifications about new versions, new functionality, additional
services, etc.).
6.1. User agrees to transfer required confidential data for the
processing by the Licensorin order t o r ender a
basic essence of service by the Licensor in good faith
6.1.1. The data requested from the user by the Licensor:
- Access to statistics for the application using - in
order to display these statistics only in the application of confirmed
parent
- Access to the use of location - in order to display
this information only in the application of confirmed parent
- Access to the microphone - in order to display this
record in the application of confirmed parent
- Access to SMS – without the fact of SMS
transmission, in order to send an SMS with settings f rom
t he user's phone
- Access to the files - for the purpose of avatar
installation
6.2. Licensor undertakes to ensure the confidentiality
of all data received from the user in accordance with the policies of
confidential data of Google users or Apple users, as well as in accordance with
the legislation of the Russian Federation and countries, in which the
application is published, in the field of personal data. To use all the
technical means available, including data transfer protocol https
6.3. Licensor undertakes to keep any information,
received from the user, without joining it with the information, allowing to
identify the user and interpret the data as personal.
6.4. Licensor undertakes not to disclose the
information, received from the User, with the exception of providing with the
information by the Licensor in accordance with the current legislation, as well
as agents and third parties acting on the basis of the agreement with the
Licensor, in order to perform obligations to the User or for the purpose of
clause. 4.5 of these Terms of Use.
6.5 The app cannot be installed secretly, the use permitted
only with explicit consent. GPS data is stored in accordance with COPPA and
GDPR policy. The app is visible in programs. Users can share location only
inside application.