Общи условия

1. Acceptance

By using the AndroidMonitor application or visiting the AndroidMonitor websites you understand and signify your agreement to: - this Terms of Service;
- our Privacy Policy and Data Protection incorporated here by reference to https://www.androidmonitor.com/legal/privacy-policy-and-data-protection.html .

We may attempt to notify you when major changes are made to these Terms of Service but you should periodically review the most up-to-date version at https://www.androidmonitor.com/legal/terms-of-service.html . YOU MUST BE A LEGAL ADULT AND FULLY ABLE AND COMPETENT IN ORDER TO ACCESS THIS WEBSITE OR APPLICATION. IF YOU ARE AN UNDER-AGED PERSON, NOT A LEGAL ADULT OR NOT FULLY ABLE AND COMPETENT YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE OR APPLICATION FOR ANY REASON. THERE ARE MANY OTHER GREAT WEBSITES AND APPLICATIONS FOR YOU. THE DESCRIBED SITUATIONS ON THIS WEBSITE OR APPLICATION MAY NOT BE APPLICABLE TO YOUR PARTICULAR CIRCUMSTANCES AND BECAUSE OF THIS IT IS ADVISABLE THAT NO ACTION RECOMMENDED ON OR THROUGH THIS WEBSITE, RELATED WEBSITES OR APPLICATION SHOULD BE TAKEN WITHOUT FIRST CONSULTING A LEGAL PROFESSIONAL.IN MOST COUNTRIES AND TERRITORIES IT IS ILLEGAL TO INSTALL SOFTWARE OR HARDWARE FOR MONITORING AND/OR SURVEILLANCE ON DEVICES (INCLUDING, BUT NOT LIMITED TO, MOBILE PHONES AND TABLETS) THAT ARE NOT YOUR PROPERTY OR FOR WHICH YOU DO NOT HAVE PROPER AUTHORIZATION TO INSTALL SUCH SOFTWARE OR HARDWARE AND YOU ACKNOWLEDGE AND UNDERSTAND ALL OF THIS. IF YOU DON'T OWN THE AFOREMENTIONED DEVICES YOU MUST FIRST INFORM THEIR OWNER(S) AND THEIR USER(S) AND OBTAIN PROPER AUTHORIZATION FROM THEM. IN ADDITION YOU MUST ENSURE THAT IS NOT ILLEGAL TO MONITOR DEVICES LOCATED IN YOUR COUNTRY/JURISDICTION OR MONITOR DEVICES IN DIFFERENT COUNTRIES/JURISDICTIONS. EVEN IF YOU OWN THE DEVICES YOU MUST FIRST INFORM THEIR USERS AND OBTAIN PROPER AND LAWFUL AUTHORIZATION FROM THEM THAT YOU CAN MONITOR THEIR ACTIVITIES. OTHERWISE YOU ARE NOT ALLOWED TO INSTALL SUCH SOFTWARE OR HARDWARE. YOU AGREE THAT BEFORE INSTALLING ANY TYPE OF SOFTWARE OR HARDWARE WHICH MAY BE USED FOR MONITORING AND/OR SURVEILLANCE AND FOR OTHER SIMILAR PURPOSES YOU WILL CHECK ALL ACTS AND LAWS IN THE COUNTRY/JURISDICTION WHERE YOU CURRENTLY RESIDE, AND ALSO IN THE COUNTRY/JURISDICTION WHERE YOU WILL BE MONITORING DEVICES.YOU ALSO AGREE TO PERIODICALLY CHECK ALL LAWS AND ACTS IN THE COUNTRY/JURISDICTION WHERE YOU CURRENTLY RESIDE, AND ALSO IN THE COUNTRY/JURISDICTION WHERE YOU WILL MONITOR DEVICES AFTER INSTALLING ANY TYPE OF SOFTWARE OR HARDWARE WHICH MAY BE USED FOR MONITORING AND/OR SURVEILLANCE AND FOR OTHER SIMILAR PURPOSES. BY USING THIS APPLICATION OR WEBSITE YOU AGREE TO FOLLOW ALL LAWS AND REGULATIONS THAT GOVERN THE USE OF VARIOUS TYPES OF SOFTWARE AND HARDWARE AND YOU AGREE THAT YOU WILL COMPLY WITH THESE LAWS AND THAT THIS IS YOUR SOLE RESPONSIBILITY. IN ADDITION, YOU AGREE TO INDEMNIFY AND HOLD THE CREATORS, THE OWNERS AND OPERATORS OF THIS WEBSITE AND APPLICATION, THEIR LICENSORS, CONTENT AND SERVICE PROVIDERS, EMPLOYEES AND CONTRACTORS HARMLESS OF ANY TYPE OF DAMAGE AND ANY TYPE OF PREDICAMENTS THAT MAY ARISE FROM YOUR USE OR ABUSE OF SUCH SOFTWARE OR HARDWARE. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT LAWS AND REGULATIONS MAY CHANGE FROM TIME TO TIME AND THAT THEY ARE SUBJECT TO DIFFERENT INTERPRETATIONS. WE STAND FIRMLY AGAINST THE USAGE OF SUCH SOFTWARE OR HARDWARE FOR ILLEGAL OR UNETHICAL PURPOSES. USERS OF OUR WEBSITES, SERVICES AND SYSTEMS ARE NOT ALLOWED TO PARTICIPATE IN ANY KIND OF ABUSE SUCH AS SPAMMING, DENIAL OF SERVICE ATTACKS, HARASSMENT, CRACKING, OR ANY ILLEGAL OR UNETHICAL ACTIVITIES. THIS IS NOT A COMPLETE LIST, AND WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS LIST OR DEFINE WHAT WE CONSIDER ABUSE OR UNETHICAL. THIS WEBSITE OR APPLICATION MAY BE USED ONLY FOR THE PURPOSES EXPLICITLY PERMITTED HERE AND IN ACCORDANCE WITH THE LAW AND YOU MAY USE THE WEBSITE OR APPLICATION ONLY FOR THESE EXPLICITLY PERMITTED PURPOSES AND IN ACCORDANCE WITH THE LAW. YOU MAY NOT USE THIS WEBSITE OR APPLICATION FOR ANY OTHER PURPOSES. YOU CAN NOT USE THIS WEBSITE OR APPLICATION FOR ANY OTHER PURPOSES WITHOUT FIRST CONSULTING WITH US AND WITHOUT OUR EXPLICIT PRIOR WRITTEN CONSENT. You are currently in the process of buying the product AndroidMonitor. With this form your declare your consent of buying this product. AndroidMonitor is a mobile application developed to track installed applications, address book data, photo files, video files, device information (operating system version, free memory, etc.), call register, sms register, etc.

1.1 Ability to accept the Terms and Conditions

You confirm that you are an legal adult and not an under-aged person and that you are fully able and competent to enter into the conditions, terms, obligations, representations, warranties and all other relations and situations set forth in these Terms of Service and understand and comply with these Terms of Service. If you are an under-aged person and not a legal adult you must not accept and may not use the services and products.

1.2 Bounding

You are agreeing to be bound by these Terms of Service and all terms, policies, situations and guidelines incorporated in this Terms of Service by reference, including, but not limited to, AndroidMonitor's Privacy Policy and Data Protection. If you do not understand or you don't agree to the terms, policies, situations, guidelines or any other part of these documents do not install or use the software or the services provided on, from or through this or related websites for any reason.

2. Terms of Use

By accessing or using this website or application you agree to all of the following: - all applicable laws and regulations;
- terms of service;
- to the privacy policy of IT9 EOOD

All the materials (including, but not limited to: design, images, content, software) contained in this website are protected by the applicable copyright law and trade mark law.

You understand, agree and acknowledge that you are responsible for complying with any applicable laws. You agree that you are also responsible for complying with the laws regarding protection of personal life, child protection, all data privacy laws and regulations. You agree that you will not abuse this website or application as well as that you will not use this website or application for illegal or unethical purposes.

In addition, you guarantee that in your jurisdiction the use of this website and the application is permitted. No illegal actions shall be taken by the user.

If you do not agree to any of these terms then you are prohibited from accessing or using this website or application for any reason.

3. Parties and Definitions

The term "we", "us", "our" refers to the creators, owners and operators of this website. The term "user", "you", "your" refers to the user or viewer of this website or application. The term "application" refers to the mobile application (for Android) which can be downloaded and installed from this or other websites as well as all related materials and resources of the Application. The term "private area" (or "Private Area") refers to the web application which you can use to review and process the collected data from your devices. The term "mirror" is used in the context of computing. It means an exact copy or copy with modifications, which may be presented in any form.

4. Descriptions of services and products

The application is a mobile application developed exclusively for cell/mobile phones. It was developed in order to enable tracking of incoming and outgoing data from and to mobile devices (and other information from mobile devices).

To the extent allowed under the applicable local legislation this application is intended, among the purposes which are not prohibited by the applicable law, for: a) users who store private information on their devices and want to protect this information from getting stolen or lost;
b) parents who would like to monitor the behavior of their children and take measures to protect them;
c) organizations and employers who would like to supervise the work related activities of their employees

The data and information this application can track includes: installed applications, address book data, photo files, video files, device information (operating system version, free memory, etc.), call register, SMS, etc. This is not a complete list and we reserve the right to make changes to this list without notice.

The application was developed in compliance with the applicable local legislation.

5. Disclaimer

IT9 EOOD may make changes to the Application, the Private Area and the materials and services on this website at any time without any notice. This website could include technical or other mistakes, inaccuracies or typographical errors. IT9 EOOD assumes no responsibility for omissions, errors and inaccuracies in the information, documents, software, materials and/or services that are referenced by or linked from this website. The materials and services on this website may be out of date, and IT9 EOOD makes no commitment to update the materials and services on this website. Any use you make of the information provided on this website, or any website, service or application linked to by this website, is at your own risk. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either express or implied. This website may contain links to third-party websites that are not under the control of IT9 EOOD. IT9 EOOD provides these links merely as a convenience and the inclusion of such links does not imply that IT9 EOOD endorses or accepts any responsibility for the content or uses of such websites. IT9 EOOD makes no representations whatsoever about any other website to which you may have access through this website or application.

6. Limitation of Liability

The website and Application, and all of the related services are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You accept, agree and acknowledge that regardless of any law or statute to the contrary a time limit of one (1) month will be set in which you have to file any claim or cause of action arising out of or related to this website, application and agreement and that failure to do so within this period of one (1) month shall forever bar your claim or cause of action. If this period of one (1) month should be determined to be invalid, illegal or unenforceable under the applicable law then this one (1) month period shall become the minimum period permitted by the applicable law. This period of one (1) month begins on the date of the event upon which you might file any claim or undertake any action. You agree by using our services to limit our liability to the amount of fees or payments, if any, paid to us for the current or immediately prior period of service, if you become entitled to any recovery, for the services, software or content at issue. IT9 EOOD and all of its owners, its licensors, content and service providers, employees and contractors as well as the creators and operators of this website and application will not be liable for any direct, indirect, incidental, special or consequential loss or damage whatever (including without limitation, but not limited to loss of business, opportunity, loss of data, interruption of business, loss of profits, loss of goodwill) arising out of or in connection with the use of the website, application and this agreement even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred, and notwithstanding any failure of essential purpose of any limited remedy.

IT9 EOOD makes no warranty that the functionality of this website and Application will be uninterrupted or error free, that defects will be corrected or that the website and Application are free of viruses or anything else which may be harmful or destructive. Information as required by the Bulgarian Law for Protection of Consumers and Law of Electronic Commerce. Supplier: IT9 EOOD. IT9 EOOD is registered in the Bulgarian Commercial Register under Unified Identification Number: 200641257, Address: No. 24, Orfej 4, 6300, Haskovo, Bulgaria. Telephone: +359 88 246 1979. E-mail: info at androidmonitor.com. IT9 EOOD has been registered as administrator of personal data with the Bulgarian Commission for Personal Data Protection under No 381690. Supervising authority: Commission for Personal Data Protection – www.cpdp.bg .

7. Indemnification and compensation

You agree to fully indemnify, defend, and hold harmless IT9 EOOD and its employees and agents, its content and service providers, sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, successors and assigns from and against all liabilities, any suits, legal fees, damages, claims, demands, losses, costs and other expenses in relation to any claims or actions that they may experience arising out of: - your use of this website;
- your use of the Private Area;
- breach by you of these Terms of Services or any of your representations, warranties or obligations set forth in this agreement;
- your use of the software available on, downloaded from or referenced from this website;
- your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technologies abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services;
- your usage of content available on this website in any way contrary to this agreement ;
- the sale, purchase, transportation, delivery, use or disposal of any product, service or download associated with the website or available through other websites, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by your use of the website or any service, product or download associated with the website (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage or handling thereof) .

8. Use license

By accepting the Terms of Service a permission is granted to download the Application from this website or other websites for personal, non-commercial usage. This is the grant of a license, not a transfer of title, and under this license you may not: - modify or copy the Application;;
- use the Application for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this website or any related websites;
- remove any copyright or other proprietary notations from the materials; or
- transfer the Application to another person or entity or "mirror" (exactly or with modifications) the Application on any other server or storage device in any form

This license shall automatically terminate if you violate any of these restrictions and may be terminated by IT9 EOOD at any time, for any reason, without prior notice or suspension. Upon terminating your viewing of the Application or upon the termination of this license, you must destroy any downloaded copies of the Application in your possession whether in electronic, in printed format or in other format, if any.

9. Change of Use

IT9 EOOD reserves the right to: - change or remove (temporarily or permanently and in part or in whole) this website, the Private Area, the Application or any other related service or any part of it without notice and you confirm that IT9 EOOD shall not be liable for any such change or removal.
- change, modify or revise these Terms of Service and policies (including, but not limited to, Privacy Policy) at any time and you agree to be bound by such modifications or revisions. If you do not agree with any of these changes, modifications or revisions you are prohibited from using all the services and products.

10. Third parties

We are using Google Analytics. They, as a third party, may or may not be using specialized methods and technologies to analyze traffic. We are using their services in order to improve the quality of our services. For more information on the topic please review this page http://www.google.com/analytics/learn/privacy.html .

11. Updates and improvements

We are offering free services and products. In order to improve them and keep their quality high we need to release updates, fixes, improvements, new modules and completely new versions (collectively, the "updates"). We reserve the right to update and improve our services and products at any time without any notification. The software which you use may automatically download updates from time to time. These updates are designed to improve and further develop the services. You agree to receive such updates and you permit us to deliver such updates to you.

12. Copyright information

All copyright, trade marks and all other intellectual property rights in the Private Area, Application and this website and its content (including, without limitation, the website, Private Area and the Application design, text, graphics and all software and source codes connected with this website) are owned by or licensed to IT9 EOOD or otherwise used by IT9 EOOD as permitted by law.

By accessing this website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.

13. Assignment, Transfer of Rights and Licenses

The rights and licenses of the user resulting from this Terms of Service and all related documents cannot be transferred or assigned by the user but may be assigned by IT9 EOOD.

14. Links to Third Party Websites

This website may include links that may be owned and or controlled by third parties. Any link in our websites and application to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites.

15. Advice

The extracted data from your or other devices and all other information that you may see in the Private Area (including, but not limited to: installed applications, image files, video files and others) does not constitute advice and should not be relied upon in making or refraining from making, any decision.

16. Jurisdiction

Both parties agree that this Agreement shall be governed, construed, interpreted and enforced in accordance with the Bulgarian legislation, without regard to the conflict of laws, rules, acts or statutes of any jurisdiction. Every legal action, legal proceeding and litigation arising out of or related in any way to this agreement, website, Application and Private Area and shall be brought to trial in the competent Bulgarian Court.

17. Account usage

In addition to accepting the Terms of Services and the Privacy Policy of AndroidMonitor and IT9 EOOD to become a user of AndroidMonitor you must agree with and declare that it is your sole responsibility to comply with each one of the following rules: - you are the owner of your account and that only you will use your account;
- it is illegal to access accounts which you do not own;
- you will not undertake any illegal or unethical actions in relation to your account;
- you will protect your account credentials and you will not share your account credentials;
- you will not do directly or indirectly, for any reason (including, but not limited to, educational and research purposes), any type of cracking, penetration testing, denial of service, spamming or other such activities;
- AndroidMonitor and IT9 EOOD will not be liable for the incoming data, its storage as well as for the user activities related to that data;
- if you ever access third party data by using your account you must not distribute, use or manipulate, in any way, for any reason, that data without the prior explicit written consent of the third party;
- In case of illegal actions the user shall be liable and shall indemnify all costs, expenses and damages incurred or caused to the concerned parties.

You accept and acknowledge that on every login in your account you shall observe the accepted Terms of Service.

18. Refunds

Returns will be honoured only when: - if you are not satisfied with the service you may cancel the contract with AndroidMonitor within a week (7 days) after the conclusions of the contract. Well-founded and accepted explanation is required if the cancellation is carried out after the 7th day.
- duplicated order has been placed or other error in the order processing.
- If the service is not operational after the payment and installation. Please note that this is not applicable if the free trial has been used prior the payment.

Under these conditions subscription cancellation is possible either remotely from your Private Area and following further instructions or by sending an e-mail to support@androidmonitor.com regarding the cancellation.

19. Correspondence

The official language of correspondence (also working or procedural language) is Bulgarian. We do our best to answer to questions and other inquires, however sometimes we are highly overloaded and in such cases we answer whenever possible. All Email, Live Chat (support) or any other type of correspondence is by default non-official, if not otherwise stated by the operator of this particular correspondence.

20. Other

The correspondence, including, but not limited to, electronic letters related to you and to your account are two different things. All correspondence (including Email correspondence) or statistical data related to the correspondence may remain in our computer systems even after your account has been deleted, if any.

21. References

This Terms of Service are available at: https://www.androidmonitor.com/legal/terms-of-service.html
The Privacy Policy can be found at: https://www.androidmonitor.com/legal/privacy-policy-and-data-protection.html

Last updated on 08.01.2014

AndroidMonitor е програма за проследяване и наблюдение на специално за Андроид мобилни телефони и таблети.
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