Terms of Service
PLEASE READ THIS TERMS OF Service CAREFULLY.
THESE TERMS AND CONDITIONS ARE BINDING.
These Terms of Service (hereinafter – the “Tos”) describe the terms and conditions applicable to your access and use of the Site and the ikeymonitor.com website software (hereinafter – the “Software”) made available through or in connection with the Site (hereinafter – the “Service”). These ToU set forth the terms and conditions under which Awosoft provides you access to the Site and the Service.
In this Tos “Awosoft”, “iKeyMonitor”, “EaseMon”, “we”, “us” and “our” means Awosoft.
YOUR USE OF THE SITE AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT AWOSOFT MAKES FROM TIME TO TIME.
1. Principal Points
- The Site and the Software of Awosoft shall be used only with the aim of (i) parental control of children, (ii) by employers to monitor the devices, which belong to them and on which the employees work, (iii) on a device, which is of a user’s ownership, (iv) by a user with a consent of the device owner.
- To purchase and use the Software you should create your account by completing the Billing Information and the Payment Method by providing your personal information.
- Awosoft only receives the information provided by you as your ID and email;
- By providing your information while buying the Software you are aware that Awosoft does not collect this information, it is the Payment Provider that receives payment details;
- You are aware that Awosoft is not responsible for any third party memory leak in databases and/or DSN servers.
- You will not use the Site, Service in violation of any laws you are subject to. Notwithstanding the foregoing, Awosoft is not responsible for your access or use of the Software.
- You consent to Awosoft before placing the order to read the Compatibility Policy and to check the requirements of your target device according to the Compatibility Policy.
- You understand that you require a physical access to a device to install the Software.
- You agree that Awosoft is not responsible or liable in any manner for the installation by you of the Software to a target device.
- You will properly follow all instructions and documentation provided by Awosoft to you at ikeymonitor.com;
- You will not allow any other third party to access your account or to utilize the Software. In case the access your account was granted to a third party deliberately or by mistake or in any other way without your consent you acknowledge that Awosoft does not bear the responsibility therefore.
- You will only install the Software on devices for which you are the owner or you received a consent from such owner.
- We reserve the right to modify, terminate or refuse the Awosoft Service to anyone for any reason, without notice at any time.
- We reserve the right to alter these ToU at any time.
- To subscribe to the Service you should place the order.
- The Service provides the defined Products to be ordered by a user. The Products’ packages depend on your device, the quantity of features, which you may choose and a subscription plan.
- Under your account you may have several subscriptions.
- While placing the order you should complete the Billing Information and the Payment Method by providing your personal information.
- Following the purchase of the Software your credentials (login and password) will be sent to your email so you could enter your account/control panel.
- You should save or remember your login password from the email we send to you or change it in the cloud panel by yourself in case you could require to restore your access to the account and subscription(s).
- You may choose the subscription plan for periods of 1 month or 12 months.
- You are aware that you may use the Software for more than one target device when purchasing one subscription plan, but you have to reinstall it on your own.
- In case you are not ticking off the auto-renewal for your order you will be charged for the next subscription plan period. You may not tick off the auto-renewal unless ask our customer support for help during the subscription period.
- You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information.
- You are solely responsible for the activity that occurs from your account, and you must keep your account password secure.
- You may not share or transfer any account. You may not disclose your password to anyone else.
- You must notify Awosoft immediately of any breach of security or unauthorized use of your account and if you believe that an account password may have been compromised.
- Awosoft will not be liable for any losses caused by any unauthorized use of your account.
- You may interact with the Service through your account by changing settings that are made available to you. You may enable auto-renewal for your placed order or ask our customer support to turn it off.
- You are responsible for all activities that occur under your Account.
- You agree not to create or access an account using a false identity or information, or on behalf of someone other than yourself.
- You agree not to create an account or use the Service if your Account has been previously removed by Awosoft, or if you have been previously banned from the Service.
- You have the right to cancel any account of yours at any time. You may cancel any account registered to you by following the instructions on the Site.
- If you voluntarily terminate an account or allow that account to lapse, you may reactivate that account at any time through the cloud panel on the Site. Accounts terminated by Awosoft for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason. Upon any termination or suspension of the Service, the monitoring of all devices on which the Software is installed shall cease and any information you have submitted on the Site or that which is related to your account may no longer be accessed by you.
- In case you forgot your password to the Account you may restore the access by retrieve your password via your email.
3. Software application
- The Software may only be used in connection with the Service and rules, restrictions or documentation set forth by Awosoft from time to time.
- You understand that Awosoft, in its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the Software and information you may already have accessed to or installed without prior notice.
- Awosoft reserves the right to add or remove features or functions to the Software at any time in its sole discretion.
- You may use basic features package on a device without it jailbreaking (iOS) or rooting (Android). In case you require more features in any other premium or phone and computer packages you will need to make a jailbreak (iOS) or root (Android), which is a legal procedure.
- In case your device was unlinked from the Software due to update of your device operating system you may address customer service for help. You should remember that you may lose the warranty for your target device operation system and when you relink it you do it at your own risk.
- In case you have any technical question, please contact customer service at [email protected] or live chat.
- Awosoft cares about the integrity and security of your personal information.
- You acknowledge that you provide your personal information to the Payment Provider while placing the order for the Product.
- Awosoft receives personal information of a user from the Payment Provider in the volume of user’s ID and email (login); a password is known only to a user.
- Awosoft stores your personal information in its database in encrypted way, it means Awosoft does not have a direct access to such encrypted data. However, Awosoft is not responsible for any third party memory leak in databases.
- You agree that you are obliged to retain the private encryption password provided to you by Awosoft.
- Awosoft stores user’s login in database. User’s password is not stored. We store only hash of the password generated by md5 hash function from user’s passwords.
- Awosoft does not collect downloaded logs and data from a target device with the use of the Software in case of an active account older than 3 (three) months. Awosoft does not collect downloaded logs and data from a target device with the use of the Software in case of an expired account older than 14 days.
- Awosoft does not store in its database all logs and data downloaded from a target device with the use of the Software in case of an active account for more than 3 (three) months period. Upon the expiry of this period all information gets deleted. In case of expired accounts all logs and data downloaded from a target device with the use of the Software gets deleted within 14 days period.
- In case of disclosure of such encrypted data Awosoft may not be held responsible.
- Awosoft does not control, monitor and/or is not aware of the purpose a user exploits the Software application and Awosoft may not be held responsible for an such use thereof. It is at a user’s risk and responsibility.
- You acknowledge that Awosoft does not encourage its users to exploit the Awosoft service illegally.
6. Requirements to a user
- When installing the Software to a device you acknowledge and agree that you are a parent to your minor child.
- When installing the Software to a device you acknowledge and agree that you are an employer and the employees’ device is owned by you.
- When installing the Software to a device you acknowledge and agree that you own this device or you notified and received the consent from an owner of this device.
7. Compatibility of target device
- You are aware that before placing an order for subscription you have to read carefully the Compatibility Policy.
- You are aware that before installing the Software you have to check the requirements of compatibility of your target device.
- In case your device is not compatible with the Compatibility Policy you may not install and use the Software application.
- In case you have failed to comply with Compatibility Policy before the subscription you agree that it is your responsibility and you will not be refunded.
- In case you have failed to comply with Compatibility Policy before the installation you agree that it is your responsibility and you will not be refunded.
- You understand that in case you require that your device be compatible with Compatibility Policy in order to use the Software you are to jailbreak or root your device correspondingly.
8. Software Updates
- In an effort to improve the Service, Awosoft may update the Software application from time to time.
- You acknowledge and agree that Awosoft may update the Software with or without notifying you.
- You acknowledge and agree that Awosoft may request you via email or control panel to make such Software application update on a target device.
9. Free Trials
- Subscription to the Awosoft Service may begin with a free trial period during which you can try out the Service for 3 (Three) days (hereinafter – the “Free Trial”). You can start free trial of iKeyMonitor from the date you signup. You can start free trial of EaseMon from the date you place the order.
- Upon the expiry of the Free Trial of EaseMon you will be automatically charged for the chosen package and next subscription plan unless you turn off the auto-renewal under the help of our customer support.
- You may cancel your Service use at any time during the Free Trial.
- Upon cancelling the Logs will be deleted automatically when the license is expired for 14 days.
- Any unused portion of the Free Trial period will be forfeited when you purchase a subscription plan.
- Awosoft reserves the right to modify, cancel or limit the Free Trial without notice at any time.
10. Refunds and Returns
- Please review Refund Policy(cooling-off period). Awosoft Software includes a money-back guarantee if our products cannot work properly and our technical support cannot solve your problem within 30 days since you place an order.
11. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW
- The materials on Awosoft Software’s website are provided “as is”. Awosoft Software makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Awosoft Software does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
12. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
- To the maximum extent permitted by law, awosoft, its affiliates, licensors and business partners (collectively, the “related parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages(including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or in any way connected with access to or use of the site, the software and/or service, even if awosoft and/ or related parties have been advised of the possibility of such damages.
- You agree to indemnify, defend and hold Awosoft and the related parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, the Software and/or the Service or any breach by you of these ToU or any other policies that Awosoft may issue for the Site, the Software and/or Service from time to time.
- If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
15. No Waiver
- Failure or delay by Awosoft to enforce compliance with the ToU does not constitute a waiver of these ToU.
- The express waiver by Awosoft of any provision, condition or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
16. Entire Agreement
- These ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or Service.
17. Termination of Service
- The Service may be terminated upon the expiration of the subscription.
- Awosoft reserves the right to deny Service to any user at Awosoft’s sole and absolute discretion.
- The Service is offered with the understanding that Awosoft may terminate any subscription and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of these ToU.
- Awosoft may stop offering and/or supporting the Service at any time.
- Awosoft reserves the right to deny service to, or if applicable, terminate the service of any user or associated with, a user that attempts to monitor the device of an individual, who has not received a consent of such device owner.
- In such cases Awosoft reserves the right to block all accounts associated with such potential violating user.
18. Governing Law
- Those who access the website from locations outside of the United Kingdom are responsible for compliance with local laws if and to the extent that local laws are applicable;
- With respect to users out of UK jurisdictions they shall consult their local attorney before installing the Software. Awosoft is not responsible for any illegal use of the Software by a user out of UK jurisdiction. Users out of UK jurisdiction may install and use the Software at their own risk and responsibility.
- None of the terms hereof shall be enforceable under Contracts (Rights of Third Parties) Act 1999 by any third party.
19. LEGAL EFFECT
- These ToU describes certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.
- In case the laws of your state or country do not permit you to use the Software application or use not all features hereof you acknowledge and agree that it is upon your responsibility.
For more information,please contact Awosoft Customer Support or email us at [email protected]