EULAThis End-User License Agreement ("EULA") is a legal agreement between you and Bit Guardian, developer of Bit Guardian Parental Control mobile application and website.
IMPORTANT: PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE USING BIT GUARDIAN PARENTAL CONTROL. THIS AGREEMENT PROVIDES INFORMATION CONCERNING THE APPLICATION AND WEBSITE. IT IS A LICENSE TO LET YOU USE THE APPLICATION & WEBSITE AND CONTAINS INFORMATION RELATED TO ITS LIABILITY. WHEN YOU CLICK ON ANY INDICATOR OF ACCEPTANCE OF THIS AGREEMENT, YOU AGREE TO ITS TERMS AND CONDITIONS. IF YOU ARE NOT COMFORTABLE WITH ITS TERMS AND CONDITIONS, DO NOT INSTALL AND USE THIS APPLICATION & WEBSITE.
This EULA governs your procurement and use of Bit Guardian Parental Control directly from Bit Guardian GmbH or indirectly through an authorized reseller of Bit Guardian GmbH.
"Bit Guardian Parental Control" is an intelligent monitoring application which lets you manage and control your children’s phone usage and keep them secure.
1. License Grant
1.1. You will have to purchase Bit Guardian Parental Control for Parents from the Google Play Store and then you will have Bit Guardian Parental Control for Kids as a free companion app.
1.2. The application which accompanies or is accessible through this license is the property of Bit Guardian GmbH or its licensees and is protected by copyright law. While Bit Guardian GmbH continues to own the intellectual property rights to the application and website, you will have certain rights to use the application and website after your acceptance of this license. This license governs any releases, revisions, or enhancements to the application and website that Bit Guardian GmbH may furnish.
1.3. You are free to uninstall this application at any time from your device.
1.4. Bit Guardian GmbH hereby grants you a personal, non-transferable license to use the Bit Guardian Parental Control application on your devices in accordance with the terms of this EULA agreement.
1.5. You are permitted to download the Bit Guardian Parental Control application for your mobile or tablet under your control. You are responsible for ensuring that your device meets the minimum requirements of this application.
1.6. However, you are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the application.
- Reproduce, copy, distribute, resell or otherwise use the application for any commercial purpose.
- Allow any third-party to use the application on behalf of or for the benefit of any third-party.
- Use the application in any way which breaches any applicable local, national or international law.
- Use the application for any purpose that Bit Guardian GmbH considers is a breach of this EULA agreement.
2. Term & Termination
The initial term of this agreement will commence on the date you acquire or download the application.
Bit Guardian GmbH, in addition to such other rights, may be available at law or equity, shall be entitled to terminate this agreement at any time without notice if you commit a material breach of this agreement.
2.3. Effect of Termination
Upon expiration or termination of this agreement, you shall not be able to use this application. Furthermore, you shall not receive any updates from Bit Guardian Parental Control and the application may stop functioning for you altogether.
3. Intellectual Property and Ownership
3.1. Bit Guardian GmbH reserves all rights in the application not expressly granted by this agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the application are owned by Bit Guardian GmbH or its licensors and are protected by Copyright law of Germany, international treaties and other applicable laws.
3.2. Any copy of the application you are allowed to make pursuant to this agreement must contain the entire copyright and other notices included with the original copy of the application.
3.3. Bit Guardian GmbH shall at all times retain ownership of the application as originally downloaded by you and all subsequent downloads of the application by you.
4. Content Updates
4.1. By using this app you acknowledge that Bit Guardian GmbH will update its content from time to time. You must install the latest updates regularly so that you receive maximum benefit from the application and keep your device functioning at its optimal performance.
4.2. You acknowledge that certain Bit Guardian Parental Control software products utilize content that is updated from time to time.
5.1. Bit Guardian Parental Control from time to time may deliver certain notices by means of notifications, pop-up window, dialog box, email or other means. You may not receive the notice until you launch the application. But such notices will be deemed delivered on the date when Bit Guardian Parental Control makes it available through the application (irrespective of when you received it).
The Application covers functions which permit End User (parent) to control and manage kids’ devices which may include functions related to app usages and location finding settings.
Information is sent to the Provider to enable these features on the kid’s device which include information but does not limit to the provided information on visited locations, mobile applications, contacts and device information.
Then again, information related to both parent and kid’s device such as the operating system, screen resolution, language and country is collected for analytics purposes and improving the application.
We as a Provider take appropriate measures to ensure that the received information remains strictly confidential. For processing the obtained information, you are agreeing to Information being sent to the Provider by granting necessary approval as specified under the relevant legal regulations. We will never use or sell this information, this information remains safe on our servers.
You acknowledge and agree that you will be held responsible for safeguarding the password which is created to access Bit Guardian Parental Control account. Also, you agree that you will not reveal or disclose your password to any of the kids or any third party. In case the password is shared with the kids, any misuse or kids accessing any such confidential information is the sole responsibility of the parent. In case of any other misuse, the Provider will assist with the relevant law enforcement authorities.
It is the responsibility of the End User for any activity that is carried out while using the features of the Application and Bit Guardian Parental Control account (authorized or not). Notify the Provider immediately if the Bit Guardian Parental Control account is compromised.
6. Disclaimer of Damages
Bit Guardian GmbH does not warrant that the operation of the application will be uninterrupted or error-free. Some jurisdictions do not allow limitations on an implied warranty, so the above limitations may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.
7. Limitation of Liability
7.1. Some states and countries, including member countries of the European economic area, do not allow the limitation or exclusion of liability for incidental or consequential damages so the below limitation or exclusion may not apply to you.
7.2. To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, and notwithstanding anything herein to the contrary:
- (a) In no event will Bit Guardian GmbH or its licensors have any liability or responsibility to you whatsoever for any defect, malfunction, damage, or loss, resulting from your installation or use of third-party software, hardware, equipment, peripherals, or other products, including but not limited to, software version updates, content updates, or other files received from any third party (collectively, "third party products"), received in connection with your (or any third party's) use of the software. All warranties and obligations of third parties in connection with third party products are outside the scope of this agreement and must be addressed under a separate agreement between you and such third parties.
- (b) In no event will Bit Guardian GmbH or its licensors be liable to you for any special, consequential, punitive, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software, even if Bit Guardian GmbH has been advised of the possibility of such damages.
7.3. The disclaimers and limitations set forth above apply regardless of whether you accept the application.
8. General Terms
8.1. German law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the courts located in Grafelfing, Germany. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed further or continuing waiver of such term or any other term.
8.2. This agreement was originally prepared in the English language. Although Bit Guardian GmbH may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy.
8.3. This agreement constitutes the entire agreement between you and Bit Guardian GmbH with respect to this transaction and any prior statements or representations. Any changes to this agreement must be made in writing, signed by an authorized representative of Bit Guardian GmbH.
9. Government Users
If the application or website is accessed by or on behalf of Germany, its agencies and/or instrumentalities, it is provided with Restricted Rights. Use, duplication, or disclosure of the application or website by the German Government is subject to restrictions.
10. Governing Law
All disputes arising in connection with this agreement or the EULA itself shall be governed in accordance with the laws of Germany. All suits related to this agreement will be settled under the court located in Grafelfing, Germany. However, if any other court with competent jurisdiction finds any provision in this agreement to be invalid, all other remaining provisions of this agreement shall remain unaffected and run in full force. Bit Guardian GmbH, in no event, shall waive any term of this agreement.
11. Export Control
11.1. The application or website and the underlying information and technology may not be downloaded, accessed or otherwise exported or re-exported. You must comply with all domestic and international export laws and regulations that apply to Bit Guardian GmbH. These laws include restrictions on destinations, end users and end usage.
11.2. You agree not to export this application or related licenses to any prohibited country, entity or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.
11.3. By downloading, accessing or using the application and website, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country which might fall under any type of restricted list.
Our website and applications are compliant with all applicable EU technical, security and legal regulations including GDPR.
13. Contact Us
For further queries, contact us at firstname.lastname@example.org