Terms of use
Last updated: 08.08.2024
PLEASE READ THESE TERMS OF USE CAREFULLY.THESE TERMS OF USE ARE BINDING
Outlimit Inc (“Company”, “our”, “we”, or “us”) provides PROTECT 24/7 mobile application with its website protect247.org (“Site”), which helps users to track online activities of mobile devices remotely (“PROTECT 24/7”). Please read our Terms of Use so you can clearly understand how we operate and what conduct we expect from you when using our service. You agree to our Terms of Use (“Terms”) by installing, accessing or using the PROTECT 24/7 mobile application, features, software, or website (together, “Services”).
On the condition that you comply with all your obligations under these Terms we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to utilise Services, through a mobile device or application.
Any other use contrary to our purpose is strictly prohibited and a violation of the Terms. We reserve all rights not expressly granted in the Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Services, and all related items.
Outlimit Inc is registered in USA, registered address: 3524 Silverside RD STE 35D, Wilmington, Delaware, USA, 19810; registered number: 7555338
TABLE OF CONTENTS
DEFINITIONS GENERAL PROVISIONS PREMIUM SERVICES END USER LICENSE CONDITIONS COMPATIBILITY OF TARGET DEVICE BILLING PROCEDURE / APPLE APP STORE TERMINATION PROTECT 24/7 UPDATES PRIVACY LEGAL MATTERS INDEMNIFICATION DISCLAIMER OF WARRANTIES LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY MISUSE OF SERVICES SEVERABILITY CHANGES TO THESE TERMS INTELLECTUAL PROPERTY RIGHTS THIRD PARTY LINKS APPLICABLE LAW DISPUTE RESOLUTION ACCESSING OUR TERMS IN DIFFERENT LANGUAGES NO WAIVER LEGAL EFFECT CONTACT USDEFINITIONS
Protect 24/7 - a mobile application, description and features of which are provided on the Site and\or Apple App Store.
Subscription – recurring payments for the use of Protect 24/7 on a periodic basis.
Target device – a smartphone, tablet, mobile phone or another similar device, which is tracked by you through Protect 24/7.
Legal access to the target device - the users access to the target device belonging to this user, as well as the existence of other legal grounds for the collection and processing of information from the target device.
GENERAL PROVISIONS
The main purpose of the development and provision of PROTECT 24/7 is to ensure the safety of property and/wor life and health of your nearest and dearest, including children and wards.
You are required to create an account for PROTECT 24/7 usage. For the account creating you have to provide your email address.
You understand that you require physical access to the target device to install the PROTECT 24/7.
You will properly follow all instructions and documentation provided by us to you.
You are aware that you may use PROTECT 24/7 for more than one target device, when purchasing the subscription plan, but you have to reinstall it from the current device to the new one.
You understand and agree, that we are not liable for consequences of services rendered. In case the target device is harmed due to services rendered, we will not be liable for such harm.
You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information.
You may not share or transfer any account. You may not disclose your password to anyone else.
You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.
We will not be liable for any losses caused by any unauthorized use of your account.
To start tracking a target device, you have to install PROTECT 24/7 on the target device, specify a code, provided by us through PROTECT 24/7, installed on your device, and connect each device (your device and the target device) by confirming that in PROTECT 24/7 on your device.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you:
are 18 years of age or older;
are not currently residing in a prohibited territory/jurisdiction restricted from the Services;
have full power and authority to enter into our Terms;
will not violate any rights of the Company including intellectual property rights such as copyright or trademark rights;and agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
We do not guarantee that our Services will always be available or be uninterrupted.
You are responsible for making all arrangements necessary for you to have access to our Services.
We do not represent that our Services will be available in other locations. We may limit the availability of our Services or specific functionality to any user or geographic area at any time. If you choose to access our Services from a prohibited jurisdiction, you do so at your own risk.
BILLING PROCEDURE / APPLE APP STORE
All accounts with Premium Services are set up on a prepaid basis. We must receive payment before Protect 24/7 will be activated.
Your subscription is NOT based on how much you use (or do not use) the Protect 24/7.
If you want to install the Protect 24/7 on additional devices, you have to purchase additional subscriptions.
After payment execution for a subscription, you will receive a payment notification.
Refunds and Returns.
If you made a purchase of the subscription plans for Protect 24/7directly from the Company (our website): Subject to the applicable law and to this Refunds and Returns conditions, you may be eligible to receive a full refund within 14 days following the day of your purchase as long as refund reasons do not contradict the Refunds and Returns conditions outlined below.
Your subscription will renew automatically unless you disable auto-renewal at least 24 hours before the current subscription period ends. Failure to turn off auto-renewal may result in charges for the upcoming subscription period. If auto-renewal is not disabled, you will be billed at the commencement of the next period. To cancel a subscription, you may do so via by contacting our support team via email: [email protected]. By agreeing, you acknowledge that forgetting to disable auto-renewal does not qualify for a refund.
Refunds will not be processed if more than 14 days have passed since the date of purchase. Additionally, refunds will not be granted if the user has misplaced or forgotten their login credentials, including their username and/or password. You understand and agree that it is important to ensure the security and accessibility of login information to avoid any complications with refund requests.
No refund can be issued to a user in case the reasons for a refund are completely beyond our control. They include, but are not limited to:
• You do not have Internet access;
• a user does not follow the installation guidelines of our customer support team via email or telephone call;
• a user does not accept technical assistance;
• personal reasons (I’ve changed my mind, I’ve made a purchase by mistake, Services were not used, etc.).
We do not accept refunds based on individual sensitivities or intolerances. If you believe that you for some reason deserve a refund, please email [email protected].
All requests for refunds must be made by the person who originally purchased the membership. All refunds are processed from Monday to Friday from 9:00 to 19:00. In order to receive a refund, please contact our support via email [email protected].
Purchases (made via an Apple App Store) are subject to Apple App Store's refund policies. This means when a Purchase is made through an Apple App Store, we cannot grant refunds. You will have to contact an Apple App Store support.
You acknowledge and agree that the availability of our Service is dependent on the third party from which you received the Service, e.g., the Apple App Store.
You agree to pay all fees charged by the Apple App Store and us in connection with the Service. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the Apple App Store. You acknowledge that the Apple App Store (and its subsidiaries) are a third party beneficiary of these Terms and will have the right to enforce its Terms.
END USER LICENSE CONDITIONS
By using and installing Protect 24/7, you hereby warrant, represent, covenant and certify the following:
Scope of License: The Company grants you a limited, non-exclusive, non-transferable revocable license (hereinafter – the License) to (i) install the Protect 24/7 on one or more devices, which are owned by you, are under your lawful control, and (ii) view and use the Protect 24/7 and any related information provided to you by the Protect 24/7.
Software is Designed for Legal Use only. The Protect 24/7 is designed for use by those who have the legal right to control a target device on which it is installed, or on which it is used for parental control. The Company cannot provide legal advice to you regarding your use of the Protect 24/7. You should consult your own legal advisor with respect to legality of using the Protect 24/7 in the manner you intend to use it prior to downloading, installing, or using the Protect 24/7. You take full responsibility for determining that you have the right to monitor the device, account, application, or program on which the Protect 24/7 is installed. The Company shall not be held responsible if the User chooses to control a target device the User does not have the right to do it.
License. It is understood and agreed that the Company is the owner of all right, title, and interest in and to the original, and any copies of the Protect 24/7 and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of the Company. You, as a licensee, through your downloading, installing, or use of the Protect 24/7 do not acquire any ownership rights to the Protect 24/7. The Protect 24/7 is protected by copyright laws and international copyright treaties. The rights granted in this license are limited to the right to download, install, and use the Protect 24/7 and do not include any other intellectual property rights.
You agree that you may not and will not: (i) sell, lease, rent, license, sublicense, redistribute, assign or grant the Protect 24/7; (ii) decompile, disassemble, or reverse engineer the Protect 24/7, in whole or in part; (iii) write or develop any derivative software, make attempt to derive the source code of, modify, or create derivative works of the Protect 24/7, any updates, or any part or any other software program based upon the Protect 24/7; (iv) provide, disclose, divulge or make available to, or permit use of the Protect 24/7 by any third party without the Company prior written consent; or (v) copy the Protect 24/7; vi) modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Website and/or Application; (vii) Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Website and/or Application.
You are not allowed to do any of the following:
(i) Use any tools, programs, or methods, including but not limited to "deep link," "page scrape," "robot," "spider," algorithm, or any manual process, to access, copy, or monitor any part of the Protect 24/7, or bypass any security measures to obtain materials, pictures, documents, or other information not intentionally provided by the Protect 24/7.
(ii) Attempt to gain unauthorized access to any part or feature of the Protect 24/7, other systems or networks connected to the Protect 24/7, any Company server, or any service offered on the Protect 24/7 by hacking, password "mining," or any other prohibited method.
(iii) Probe, scan, or test the vulnerability of the Protect 24/7 or any network connected to the Protect 24/7, or attempt to breach any security or authentication measures on the Protect 24/7.
(iv) Trace or seek to trace any information on any other user or visitor to the Protect 24/7.
(v) Take any action that imposes an unreasonable or disproportionately large load on the Protect 24/7 infrastructure, the Company's systems or networks, or any other connected systems or networks.
(vi) Use any device, software, or routine to interfere with the proper functioning of the Protect 24/7 or any transaction conducted on the Protect 24/7, or with any other person's use of the Protect 24/7.
(vii) Misrepresent your identity or the origin of any message or transmission you send to the Company through the Protect 24/7, including forging headers or impersonating another person.
(viii) Use the Protect 24/7 to harvest or collect email addresses or other contact information in a manner that violates these ToU.
(ix) Use the Protect 24/7 in an unlawful manner or in a way that could damage, disparage, or negatively impact the Company.
Any attempt to do so is considered as a violation of the ToU and the rights of the Company and/or other copyright owners. If you breach this restriction, you may be subject to legal actions and damages.
If you violate requirements mentioned above, you will be responsibility according to applicable law and international treaties on intellectual property rights and copyrights protection, and derivative software that was developed will be belonged to the Company from the moment of its creation.
The Company may provide upgrades, modifications, updates, or additions (hereinafter – the Modifications) to the Protect 24/7 during the term of the License. The terms of this ToU shall be applied to any such Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will be applied.
For Protect 24/7 using it may be necessary an internet connection. The Company will not be responsible, if you are not able to get an access to the Protect 24/7 due to problems with internet connection or its absences.
Term and Termination: The term of this License runs concurrently with the term of your subscription plan, which is the period during which you are authorized to use the Protect 24/7. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of this ToU or your subscription period expires. Upon termination of the License, you shall cease all use of the Protect 24/7 and uninstall it from any devices on which it was installed.
COMPATIBILITY OF TARGET DEVICE
PLEASE READ THIS COMPATIBILITY SECTION CAREFULLY BEFORE PLACING AN ORDER FOR SUBSCRIPTION.
You are aware that before you buy the Protect 24/7 subscription and install Protect 24/7 on the target device, you have to check the requirements for the compatibility of your target device with Protect 24/7.
Requirements for iOS devices:
The target device must be running from iOS 13+;
The target iPhone or iPad must be connected to the Internet;
You need physical access to the target device.
If your target device is compatible with these requirements, we may not guarantee that all the features of Protect 24/7 under the subscription plan will correctly run on a target device. It may contain bugs, which should be fixed in future updates.
In case you have not checked the compatibility of your target device with Protect 24/7 before acquiring the subscription and\or before the connection, you agree that it is your responsibility and you will not be refunded.
TERMINATION
The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by removing the Protect 24/7 mobile application from your devices. This license will terminate upon conditions set forth elsewhere within the Terms or if you fail to comply with any of the Terms. In such event, no notice shall be required by us to effect such termination.
PROTECT 24/7 UPDATES
In an effort to improve the Protect 24/7 and error fixing, we may update Protect 24/7 from time to time.
You acknowledge and agree that we may update Protect 24/7 with or without notifying you.
You acknowledge and agree that we may request you to update Protect 24/7 on your device and on a target device.
You understand and agree, that we are not liable for any damage and harm caused to a target device due to Protect 24/7 update.
PRIVACY
You acknowledge that you have read our Privacy Policy. Our most recent updated Privacy Policy can be found here.
LEGAL MATTERS
Any fraudulent, abusive, or otherwise illegal activity, or violation of Terms is grounds for termination at our sole discretion, and you may be reported to appropriate authorities. We do not tolerate any of the following conduct:
Be dishonest or act in a fraudulent manner by uploading inappropriate, inaccurate, or objectionable content;
Publish inaccurate information in the designated fields on the profile form;
Create a user profile for anyone other than yourself as a natural person;
Create a false identity or otherwise misrepresents your or another true identity;
Harass, abuse or harm another person/User;
Upload a profile image that is not yours;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services;
Adapt, modify or create derivative works based on the Services or any underlying technology;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Services;
Collect, use, copy, sell, distribute or transfer any information, including, but not limited to, Personally Identifiable Information obtained our Services except as expressly permitted in the Terms or as the owner of such information may expressly permit;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; and
Engage in any action that directly or indirectly interferes with the integrity of our Services, including but not limited to any attempts to access or hack our servers or network.
INDEMNIFICATION
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with our Terms, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; (2) any use or content you submit via our Services; (3) any activity in which you engage on or through the Services and (4) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim.
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content, data, or information you submit, contribute, post to or transmit to or through the Services and your use of or connection to same, your violation of the Terms, or your violation of any rights of another person or entity.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Protect 24/7 MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE WEBSITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. Protect 24/7 DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Protect 24/7 PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; (II) THE SERVICE WILL FIND OR COMMUNICATE TO YOU EVERY EXAMPLE OR ALL EXAMPLES OF INTERNET OR MOBILE DEVICE CONTENT ABOUT THE SUBJECT(S) OF THE MONITORING; OR (III) THE SERVICE WILL MEET YOUR EXPECTATIONS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY TO YOU (OR TO ANY PERSON CLAIMING THROUGH YOU TO WHOM YOU MAY HAVE PROVIDED INFORMATION THAT YOU OBTAINED FROM THE COMPANY AS A RESULT OF ITS SERVICES), 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 ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND\OR THE Protect 24/7, EVEN IF WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE RELATED PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO INFORMATION, OR OTHER OFFERINGS AVAILABLE THROUGH THE WEBSITE. THE RELATED PARTIES DO NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ITS INFORMATION OR INFORMATION PROVIDED THEREIN.
IN ADDITION TO THE ABOVE, YOU EXPRESSLY ABSOLVE AND RELEASE THE RELATED PARTIES FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE RELATED PARTIES’ REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE Protect 24/7 OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.
WE ARE NOT RESPONSIBLE FOR USING THE Protect 24/7 AND/OR SITE BY USERS UNLAWFULLY AND WITH UNLAWFUL AIMS. THE Protect 24/7 AND/OR SERVICES ARE PROVIDED AND DEVELOPED WITH LEGAL AIMS ONLY AND CANNOT BE USED WITH VIOLATION OF RIGHTS, FREEDOMS AND INTERESTS OF THIRD PARTIES. WE DON’T KNOW AND CANNOT KNOW HOW USERS USE THE Protect 24/7 AND/OR SERVICES. IF YOU BECOME AWARE THAT THE Protect 24/7 AND/OR SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY Protect 24/7 AND/OR SERVICES USING.
MISUSE OF SERVICES
In its sole discretion, we may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse for example may include, without limitation, creating multiple or false accounts; using the Site or infringing any intellectual property rights, violating any aspect of the Terms, or any other behaviour that we, in its sole discretion, deems inappropriate.BY ACCEPTING OUR TERMS YOU WAIVE AND HOLD HARMLESS COMPANY, ITS RESPECTIVE PARTNERS AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
SEVERABILITY
Each of the provisions of these Terms are distinct and severable from the others. If at any time one or more of those provisions is or become invalid, unlawful or unenforceable (whether wholly or partly), the validity, lawfulness and enforceability of the remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.We may agree to amend these Terms in order to ensure the terms are valid, lawful and enforceable.
CHANGES TO THESE TERMS
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
INTELLECTUAL PROPERTY RIGHTS
For the purposes of these Terms, "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.Our Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws.
Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that has a detrimental effect on the Company. All other trademarks not owned by us that may appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
THIRD PARTY LINKS
Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those third party sites or resources.
APPLICABLE LAW
If you are a citizen or resident of the United States, the law of the state of your residence governs this contract and any claim or dispute that you may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of Delaware shall apply. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Those who access the Website from locations outside of the United States are responsible for compliance with local laws if and to the extent that local laws are applicable;
With respect to users out of United States jurisdictions they shall consult their local attorney before installing the Application. Protect 24/7 is not responsible for any illegal use of the Application by a user out of United States jurisdiction. Users out of United States jurisdiction may install and use the Application at their own risk and responsibility.
DISPUTE RESOLUTION
Please read the following notice carefully, as it pertains to your legal rights.
Resolution of Disputes through Arbitration. By agreeing to these terms and conditions, you and Protect 24/7 are bound to resolve all disputes and claims between you and us through arbitration. This includes but is not limited to:
- Claims that arise from or are related to any aspect of the relationship between you and Protect 24/7, regardless of whether they are based on contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- Claims that arose prior to this agreement or any previous agreements between you and us, including but not limited to claims relating to advertising or disclosures;
- Claims that may arise after the termination of this agreement.
However, either party may bring an individual action in small claims court as long as the relief sought does not affect other customers, and the action is not removed or appealed de novo to a court of general jurisdiction.
It is important to note that the following matters can only be decided by a court:
- Matters related to the scope and enforceability of this arbitration provision;
- Whether a dispute can or must be brought to arbitration;
- Whether the American Arbitration Association (“AAA”) is unable or unwilling to administer the arbitration in accordance with this arbitration provision;
- Whether Section 9(b) has been violated or complied with for purposes of awarding relief under that section that a court can award;
- Whether Sections 9(e), (f), or (g) have been violated or complied with.
These Terms of Use establish a transaction in interstate commerce, and therefore, the Federal Arbitration Act applies to the interpretation and enforcement of this provision. The arbitration provision will remain in effect even after the termination of the agreement between you and Protect 24/7. By agreeing to arbitration, you and Protect 24/7 both waive the right to sue in court, have a trial by jury, and participate in class actions.
To initiate the dispute-resolution process, the party seeking arbitration must first send a written Notice of Dispute to the other party by U.S. mail or professional courier service. The Notice should be sent to the designated Notice Address for Protect 24/7, and a copy of the Notice should be sent to support@Protect 24/7.org. The Notice must include the claimant's name, mailing address, email address, phone number, and Account name (if any), describe the nature and basis of the claim or dispute, and set forth the specific relief sought. The Notice must be personally signed by either you (if you are the claimant) or by a Protect 24/7 representative (if Protect 24/7 is the claimant).
To ensure the security of your Account and protect your privacy, you may be required to provide your authentication and consent for Protect 24/7 to discuss your account or share your private information with anyone other than you, including an attorney.
Upon receipt of a complete Notice, the other party has 60 days to investigate the claim. During this period, either party may request an Informal Settlement Conference to discuss a potential settlement. You and Protect 24/7 must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference, which can occur after the 60-day investigation period. Both you and a Protect 24/7 representative must participate in the conference, unless otherwise agreed in writing.
The Informal Resolution Period is the number of days between the date that the complete Notice (and Authentication and Consent, if required) is received by the other party and the later of (i) 60 days later or (ii) the date the Informal Settlement Conference is completed, if timely requested. Any applicable statute of limitations or contractual limitations period will be tolled during the Informal Resolution Period.
Arbitration proceedings cannot commence until after the Informal Resolution Period has ended. Section 9(f) has additional requirements for commencing certain coordinated arbitrations. All pre-arbitration dispute resolution requirements must be met to allow for meaningful dispute resolution. Failure to meet any aspect of these requirements may result in a court injunction against the filing or prosecution of an arbitration. In addition, unless prohibited by law, the AAA may not accept or administer such an arbitration, nor assess or demand fees in connection with one. If an arbitration is already pending and the requirements are not met, it must be dismissed.
(c) Procedures for Arbitration: The arbitrator must abide by the terms outlined in this arbitration provision. The arbitration process will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association (AAA), with modifications made by this arbitration provision. The AAA Rules are available for viewing online at www.adr.org. The AAA will oversee the arbitration proceedings. If the AAA is not available or unwilling to oversee the arbitration in compliance with this arbitration provision, then an alternate arbitration provider agreed upon by the parties or selected by the court will administer the arbitration.
Similar to court proceedings, both you and Protect 24/7 acknowledge that any legal representative representing a party in arbitration must certify that they comply with the requirements of Federal Rule of Civil Procedure 11(b), including the certification that the claim or relief sought is not frivolous or brought for an improper purpose. The arbitrator has the authority to impose any penalties available under the AAA Rules, Federal Rule of Civil Procedure 11, or relevant federal or state law on all appropriate represented parties and counsel.
Unless mutually agreed upon by both parties, all arbitration hearings must take place in the county (or parish) where you reside at the time the Demand is filed. If you file a claim for $10,000 or less, you may choose whether the arbitration will be based solely on documents submitted to the arbitrator, a telephonic hearing, or an in-person hearing as outlined by the AAA Rules. If your claim is for more than $10,000, the right to a hearing will be determined by the AAA Rules.
Arbitrators may take into consideration rulings from past arbitrations involving different Protect 24/7 users. However, an arbitrator's ruling will not be binding in proceedings involving different Protect 24/7 users.
Unless mutually agreed upon by both parties, all directly related claims must be brought forth in a single arbitration proceeding. If either party initiates a subsequent arbitration claiming issues that are directly related to ones that were brought up in a prior arbitration involving the same parties, then the AAA or the arbitrator must either consolidate the subsequent arbitration with the ongoing proceeding or dismiss any claims raised in the subsequent arbitration that would be prohibited by applicable law if filed in court.
Regardless of the arbitration method, the arbitrator must provide a written decision explaining the essential findings and conclusions on which the award is based. Except for Section 9(e), the arbitrator can grant the same damages and relief that a court can provide under applicable law. Although under certain laws, Protect 24/7 may be entitled to an award of attorney's fees and expenses if they prevail in arbitration, Protect 24/7 agrees not to seek such an award unless you are represented by an attorney and the arbitrator has determined that your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
(d) Arbitration Costs. Protect 24/7 is responsible for paying all AAA fees associated with any arbitration that it initiates. In the case that you initiate an arbitration, Protect 24/7 will pay some or all of the AAA fees, as long as you have complied with Section 9(b). If your claims are worth $1,000 or less for both parties, Protect 24/7 will pay all AAA fees. If your claims are worth more than $1,000 but less than $10,000, Protect 24/7 will pay all AAA fees above $20. Protect 24/7 will pay its share of your filing fee directly to the AAA upon receiving a written request from you at the Notice Address, or if the AAA requires you to pay the filing fee, Protect 24/7 will send that amount to the AAA and request that the AAA reimburse you.
However, if the arbitrator determines that the substance of your claim or the relief sought is frivolous or brought for an improper purpose as defined by Federal Rule of Civil Procedure 11(b), then the payment of AAA fees will be subject to the AAA Rules, and you will be responsible for reimbursing Protect 24/7 for any fees it has paid on your behalf.
(e) Individual Arbitration Requirement. You and Protect 24/7 agree that any claims brought against each other will only be brought in your or its individual capacity and not as part of a class or representative action. The arbitrator cannot consolidate more than one person's claims or preside over any form of a class, representative, or private attorney general proceeding, unless you and Protect 24/7 agree otherwise. The arbitrator can award any relief that a court could award, provided that the relief is individualized to the claimant and does not affect other Protect 24/7 users. Neither party may seek non-individualized relief that would affect other Protect 24/7 users. If a court decides that any aspect of this Section's limitations is unenforceable as to some aspect of the case, then all other aspects of the case must first be arbitrated. After completing arbitration, a court will decide the remaining (non-arbitrable) aspects of the case.
(f) Coordinated Arbitration Administration: If 25 or more claimants with similar claims are represented by the same counsel, they must resolve their cases in staged proceedings. This process may delay the arbitration of your claim, but you must agree to it. In the first stage, claimants' counsel and Protect 24/7 will each select up to 25 cases each to be resolved individually by different arbitrators. If feasible, arbitrators from the claimants' home states will be chosen. No other cases may proceed in arbitration during this time, and the AAA must not assess or demand payment of fees for the remaining cases. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, with fairness to the parties. After the first stage is complete, the parties must engage in a single mediation of all remaining cases, and Protect 24/7 will pay the mediation fee. If the parties cannot agree on how to resolve any of the remaining cases after mediation, they will repeat the process of selecting and filing up to 50 cases to be resolved individually by different arbitrators, followed by mediation.
If any cases remain after the second stage, the process will be repeated until all claims are resolved. However, there are four differences. First, up to 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the claimants. Counsel will meet and confer between stages to improve efficiency and may negotiate with the AAA regarding the amount or timing of AAA fees. A court may enforce this section, including by enjoining mass filings, prosecution or administration of arbitrations, or assessment or collection of AAA fees.
If this section applies to a Notice, the Informal Resolution Period for the claims and relief set forth in that Notice will be extended until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved. A court may enforce this section and its requirements, which are intended to be severable from the rest of this arbitration provision. If a court decides that the staging process is not enforceable after all appeals have been exhausted, the cases may be filed in arbitration, and AAA fees will be assessed as arbitrations advance and arbitrators are appointed.
(g) Future Changes to Agreement to Arbitrate: If Protect 24/7 changes this arbitration provision (except for Notice Address, website links, or telephone numbers), you may reject the change by sending written notice via U.S. mail within 30 days of the first notice of the change. The rejection should include your name, address, phone number, account name, and a personally signed statement that you wish to reject the changes to the arbitration provision. By rejecting any future changes, you agree to arbitrate any disputes with Protect 24/7 in accordance with the language of this arbitration provision.
(h) Forum Selection: Unless agreed otherwise, state and federal courts in Delaware will have exclusive jurisdiction over any disputes (except those in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and Protect 24/7 consent to the jurisdiction of those courts and waive any objections to personal jurisdiction, venue, or any other basis or right to seek to transfer or change venue to another court to the extent permitted by law.
ACCESSING OUR TERMS IN DIFFERENT LANGUAGES
We provide our Services internationally, additional Terms may apply to Users in different jurisdictions and where possible we do our best to offer localised Terms for your territory. Please check for our Terms in other languages on our site or in application if available. If not available, our Terms will default to the English language version.
NO WAIVER
Failure or delay by Protect 24/7 to enforce compliance with the ToU does not constitute a waiver of these ToU.
The express waiver by Protect 24/7 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.
LEGAL EFFECT
These ToU describe 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 Application or to use not all features hereof you acknowledge and agree that it is upon your responsibility.
CONTACT US
To contact us, please email [email protected]
Send mails to: Outlimit Inc; registered address: 3524 Silverside RD STE 35D, Wilmington, Delaware, USA, 19810; registered number: 7555338.