The following terms and conditions govern all use of GeoLoc mobile
applications and services (Applications). The Applications are offered subject
to your acceptance without modification of all of the terms and conditions contained
herein and all other operating rules, policies (including, without limitation,
GeoLoc Privacy Policy).
Please read this Agreement carefully
before accessing or using the Applications. By accessing or using the
Applications, you agree to become bound by the terms and conditions of this
agreement. If you do not agree to all the terms and conditions of this
agreement, then you may not access or use the Applications. If these terms and
conditions are considered an offer by GeoLoc, acceptance is expressly limited
to these terms.
1. Use of Our Service
GeoLoc is a free location and
communication app for smartphones. With GeoLoc, you can see your entire family
on a private map, stay in touch 24/7 and protect your beloved ones from any
harm. Subscribers of GeoLoc Premium also enjoy 24/7 access unlimited locations
and locations alerts in GeoLoc Places, expanded location history and more.
You may use the Service only if you
can form a binding contract with GeoLoc, and only in compliance with this
Agreement and all applicable local, state, national, and international laws,
rules and regulations. Anyone under 13 is strictly prohibited from creating an
account for the Service. In addition, anyone under 13 may only accept
invitations from parents / legal guardians to join their account.
2. Your GeoLoc Account.
If you create GeoLoc account, you
are responsible for maintaining the security of your account, and you are fully
responsible for all activities that occur under the account and any other
actions taken in connection with the account. You must immediately notify
GeoLoc of any unauthorized uses of your account or any other breaches of
security. GeoLoc will not be liable for any acts or omissions by you, including
any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors.
If you create or submit any content
whatsoever (Content) to the Applications, or allow any third party to create or
submit Content to the Applications, you are entirely responsible for the
content of, and any harm resulting from, that content. That is the case
regardless of whether the Content in question constitutes text, graphics,
location data or a voice record taken from a baby monitor. By submitting
Content, you represent and warrant that:
the downloading, copying and use of
the Content will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to
intellectual property you create, you have either (i) received permission from
your employer to post or make available the Content, including but not limited
to any software, or (ii) secured from your employer a waiver as to all rights
in or to the Content;
you have fully complied with any third-party
licenses relating to the Content, and have done all things necessary to
successfully pass through to end users any required terms;
the Content is not pornographic,
does not contain threats or incite violence towards individuals or entities,
and does not violate the privacy or publicity rights of any third party;
your account is not named in a
manner that misleads your partner into thinking that you are another person.
For example, your name do not belong to someone other than yourself.
4. Submitting Content.
By submitting Content to GeoLoc for
inclusion in the Applications, you grant GeoLoc a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying to the person with whom you were paired,
or for whom you were waiting to confirm pairing, at the time of submission. If
you delete Content, GeoLoc will use reasonable efforts to remove it from the
database, but you acknowledge that caching or references to the Content may not
be made immediately unavailable.
Without limiting any of those
representations or warranties, GeoLoc has the right (though not the obligation)
to, at GeoLoc's sole discretion (i) refuse or remove any content that, in
GeoLoc's reasonable opinion, violates any GeoLoc policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of the
Applications to any individual or entity for any reason, at GeoLoc's sole
discretion. GeoLoc will have no obligation to provide a refund of any amounts
previously paid.
5. Responsibility of Application
Users.
GeoLoc has not reviewed, and cannot
review, the Content submitted to the Applications, and cannot therefore be
responsible for that Content's content, use or effects. By operating the Applications,
GeoLoc does not represent or imply that it endorses the material there posted,
or that it believes such material to be accurate, useful or non-harmful. The
Applications may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Applications may also contain
material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. GeoLoc disclaims any responsibility for any
harm resulting from the use by users of the Applications, or from any
downloading by those users of content there posted.
6. Content Posted on Other Websites.
We have not reviewed, and cannot
review, all of the material made available through the websites and webpages to
which the Applications link, and that link to the Applications. GeoLoc does not
have any control over those websites, and is not responsible for their contents
or their use. By linking to such website or webpage, GeoLoc does not represent
or imply that it endorses such website or webpage. GeoLoc disclaims any
responsibility for any harm resulting from your use of these websites and
webpages.
7. Intellectual Property.
This Agreement does not transfer
from GeoLoc to you any GeoLoc or third party intellectual property, and all
right, title and interest in and to such property will remain (as between the
parties) solely with GeoLoc. Other trademarks, service marks, graphics and
logos used in connection with the Applications may be the trademarks of other
third parties.
8. Advertisements.
GeoLoc reserves the right to display
advertisements in the Applications.
9. Changes.
GeoLoc reserves the right, at its
sole discretion, to modify or replace any part of this Agreement. It is your
responsibility to check this Agreement periodically for changes. Your continued
use of or access to the Applications following the posting of any changes to
this Agreement constitutes acceptance of those changes. GeoLoc may also, in the
future, offer new services and/or features through the Applications (including,
the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
10. Termination.
GeoLoc may terminate your access to
all or any part of the Applications at any time, with or without cause, with or
without notice, effective immediately. If you wish to terminate this Agreement
or your couple account (if you have one), you may simply discontinue using the
Applications, or you may request account deletion by emailing cn@geoloc.app.
All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
The Applications are provided as is.
GeoLoc and its suppliers and licensors hereby disclaim all warranties of any
kind, express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither
GeoLoc nor its suppliers and licensors, makes any warranty that the
Applications will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise obtain
content or services through, the Applications at your own discretion and risk.
12. GeoLoc Premium
a) GeoLoc Premium is a paid
subscription service from GeoLoc that includes (where available): Unlimited
number of family members (up to 2 in free version); Unlimited number of
Locations (GeoFencing) (up to 2 in free version); Only one (1) device can
be used per GeoLoc Premium subscription.
b) Billing Policies.
If you elect to use GeoLoc Premium,
you agree to the pricing and payment terms, as we may update them from time to
time. GeoLoc may add new services for additional fees and charges, or amend
fees and charges for existing services, at any time in its sole discretion. Any
change to our pricing or payment terms shall become effective in the billing cycle
following notice of such change to you as provided in this Agreement.
c) No Refunds.
You may cancel your GeoLoc account
at any time; however, there are no refunds for any unused time on a
subscription, any license or subscription fees for any portion of the Service,
any content or data associated with your account, or for anything else. Upon
cancelling your GeoLoc Premium service, your subscription will be valid until
your paid period is completed. H. Payment Information; Taxes. All information
that you provide in connection with a purchase or transaction or other monetary
transaction interaction with the Service must be accurate, complete, and
current. You agree to pay all charges incurred by users of your credit card,
debit card, or other payment method used in connection with a purchase or
transaction or other monetary transaction interaction with the Service at the
prices in effect when such charges are incurred. You will pay any applicable
taxes, if any, relating to any such purchases, transactions or other monetary
transaction interactions.
13. Limitation of Liability.
In no event will GeoLoc, or its
suppliers or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts that
exceed the fees paid by you to GeoLoc under this agreement during the twelve
(12) month period prior to the cause of action. GeoLoc shall have no liability
for any failure or delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and
Warranty.
You represent and warrant that (i)
your use of the Applications will be in strict accordance with GeoLoc Privacy
Policy, with this Agreement and with all applicable laws and regulations
(including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the country in which you reside)
and (ii) your use of the Applications will not infringe or misappropriate the
intellectual property rights of any third party.
15. Indemnification.
You agree to indemnify and hold
harmless GeoLoc, its contractors, and its licensors, and their respective
directors, officers, employees and agents from and against any and all claims
and expenses, including attorneys' fees, arising out of your use of the
Applications, including but not limited to your violation of this Agreement.
16. Miscellaneous.
This Agreement constitutes the
entire agreement between KRISTI TREVEL, OOO and you concerning the subject
matter hereof, and they may only be modified by a written amendment signed by
an authorized executive of GeoLoc, or by the posting by GeoLoc of a revised
version. Except to the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Applications will be governed by the
laws of the Belarus, excluding its conflict of law provisions, and the proper
venue for any disputes arising out of or relating to any of the same will be
the courts located in Minsk, Belarus. Except for claims for injunctive or
equitable relief or claims regarding intellectual property rights (which may be
brought in any competent court without the posting of a bond), any dispute
arising under this Agreement shall be finally settled in accordance with the
arbitration rules. The arbitration shall take place in the Minsk, Belarus, in
the Russian language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement
shall be entitled to costs and attorneys' fees. If any part of this Agreement
is held invalid or unenforceable, that part will be construed to reflect the
parties' original intent, and the remaining portions will remain in full force
and effect. A waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. You may assign your rights under
this Agreement to any party that consents to, and agrees to be bound by, its
terms and conditions; GeoLoc may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
17. Responsibility of the parties.
You are solely responsible for your interaction with other users of the
GeoLoc application. You agree that GeoLoc is not responsible for the behavior
of any user or the use of any function of the application. Rely on common sense
and reason when interacting with other people, including when using personal or
other information.
18. Contact.
Please contact us cn@geoloc.app
with any questions regarding this Agreement.