Termini & Condizioni
Last Updated: May 2018
WARNING: USE OF THE SERVICE IS NOT DESIGNED FOR, NOR INTENDED TO REPLACE RESPONSIBLE PARENTAL OVERSIGHT AND CONTROL OVER THE MOBILE PHONE HABITS AND USAGE OF A MINOR CHILD. YOU AGREE TO USE REASONABLE VIGILANCE IN SAFEGUARDING YOUR MINOR CHILD’S WELL-BEING AND PROTECTING HIM OR HER FROM KNOWN OR POTENTIAL MOBILE ENVIRONMENT RISKS AND VULNERABILITIES AND TO INSTRUCT YOUR MINOR CHILD AS TO SAFE MOBILE AND INTERNET COMMUNICATING AND OTHER USAGE.
- Use of the Services and Subscription Fee. Subject to the terms and conditions hereof, during the period these Terms are in effect we allow you to use the Services on a non-exclusive basis. Keepers may change, modify or update the Services at any time without prior notice to you including remove or change functionality. The use of our Services is subject to a subscription fee as is further described on the Site at the following tab <http://www.keepersitalia.com>.
- Account. In order to use our Services, you will be asked to create an account and provide us with your name, email address and any additional information required in the registration process. In doing so, you represent and warrant that all information that you provide to Keepers is true and accurate. It is your responsibility to keep your contact and personal information accurate and current. You may not let others use your account and you may not share your login or password information with others. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. Keepers will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Keepers harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com that your account has been compromised, and have requested us to block access to it. We reserve the right to terminate without notice the account of any User we have reason to believe may be using the Services either fraudulently, in bad faith or in violation of these Terms.
- Restrictions. You agree to use the Services solely for your own (and your child’s or minor’s) personal use and you shall not, nor allow any third party, to reproduce, sell, lease, rent, publicly perform, display, disseminate, distribute, broadcast, or retransmit the Services to any third party. You shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Services; (b) modify the Services, or in any other way manipulate the Services; or (c) modify, frame, or create derivative works of the Services, or remove any copyright or other notices displayed by the Services. To the extent any of the restrictions set forth in this section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above. You will not use the Service to monitor the activities of any individual over 18 years of age (or, if lower, of majority age in your jurisdiction) or any other person for whom you are not the parent or the legal guardian. You will not allow any other person to access the information that the Services collect from the computers and/or mobile devices on which the Services are installed. MONITORING TECHNOLOGY MAY BE SUBJECT TO LEGAL RESTRICTIONS OR OBLIGATIONS IN YOUR JURISDICTION. IT IS YOUR RESPONSIBILITY TO UNDERSTAND THE LAW IN YOUR JURISDICTION AND ENSURE THAT YOU USE THE SERVICES ALWAYS IN ACCORDANCE WITH APPLICABLE LAW.
- Representations and Warranties. You represent and warrant that: (a) the identity information and profile information provided to us, including but not limited to the age(s) of your minor child(ren) who will be using the device(s) on which the Services is installed is correct and accurate and shall be maintained as current at all times these Terms are in effect; (b) you are the owner of your device and children’s device on which the Services are installed; (c) you are an adult over the age of 18 years, (d) you are the parent or legal guardian of a minor child or children of age 18 or under for whom you wish to utilize the Services, (e) you will only use the Services to protect and enhance the welfare of children for whom you are the parent or legal guardian, (f) you are legally competent to enter into this agreement on your behalf and on behalf of your child(ren) whose devices will be monitored by the Services, (g) you have the right, under applicable law, to give us access to your child(ren)’s device(s) and all Personal Information (as defined in our Privacy Notice) available through such device(s), and (h) in the event that you provide us with information regarding a third party, such as a phone number of an additional parent or guardian, you have the right to provide us with such information, including, where required under applicable law, subject to receipt of such person’s consent.
- Feedback. We encourage Users’ feedback regarding our Services. Keepers may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
- Intellectual Property. Keepers and its licensors own the Services, including all worldwide intellectual property rights in the Services and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Keepers or any third party. You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any User Content; (c) use any robot, spider, site search or retrieval services, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (d) harvest, collect or mine information about Users of the Services; or (e) use or access another User account or password.
- Indemnification. User will defend, indemnify and hold harmless Keepers from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which Keepers may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any (a) breach of these Terms by User or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Services, including any message you transmit through the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party.
- Disclaimer. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KEEPERS MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE USEFUL, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS/REPORTS OBTAINED BY YOU FROM THE SERVICES, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SERVICES ARE LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK. KEEPERS SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY OF YOUR ACTIONS OR OMISSIONS IN RELIANCE ON THE SERVICES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
- Cooperation with Law Enforcement
In the event that any content, data, correspondence, transmittal, receipt or any other communication or information whatsoever regardless of whether electronic, digital, hard copy, telephonic or otherwise comes to the attention of Keepers through the Services (the “Information”) which consists of or includes or might potentially be used to effect harm or potential harm a minor, Keepers shall have the right, at its sole discretion, to inform, cooperate, disclose, transfer and communicate such Information to law enforcement authorities it deems appropriate to share such Information. However, nothing in these Terms shall impose any duty, obligation nor responsibility upon Keepers to share such Information, and failure to share such Information with law enforcement authorities shall in no way subject or expose Keepers to any liability whatsoever. Notwithstanding the foregoing, nothing in these Terms shall prevent nor prohibit Keepers from disclosing Information in response to a valid order of a court or other governmental body.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL KEEPERS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY KEEPERS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (D) ANY DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF KEEPERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL KEEPERS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS.
- Term. The term of this agreement will commence on the date the User accepts these Terms and will continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate this agreement with advance written notice of 30 days, provided, however, that Keepers may terminate these Terms and all rights granted hereunder without notice if it has a reasonable belief that User is using the Services in violation of these Terms or any applicable law, rule or regulation. Upon termination or expiration of these Terms, you shall immediately cease use of any and all Services and uninstall the Services from any and all devices upon which they were installed. Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.
- Miscellaneous. We may provide any required notices to the email address, fax number or by first class mail to other contact information you provided upon registration with Keepers. Notices sent by email will be deemed received when they are sent by us. Notices sent by fax will be deemed received upon the confirmation of receipt thereof. Notices sent by first class mail will be deemed received 10 days after sent by us. Keepers and Users are and intend to remain independent parties. Nothing contained in these Terms will be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party will hold itself out as an agent, partner or employee of the other. Neither party will have any right to bind the other party. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties regarding the subject matter hereof. A waiver of any defaults hereunder or of any of the terms and conditions of these Terms will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition. Keepers may assign its rights or obligations pursuant to these Terms. User agrees not to assign any rights under these Terms; any attempted assignment will be null and void. If any provision of these Terms will be deemed invalid or unenforceable by a court of competent jurisdiction, such provision will be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability will not affect the validity or enforceability of any other part or provision of these Terms which will remain in full force and effect. These Terms will be governed by the laws of Israel without reference to its conflict of law provisions, and the competent courts in Jerusalem will have exclusive jurisdiction to hear any disputes arising hereunder.