Celltracker - USER LICENSE AGREEMENT
USER LICENSE AGREEMENT
Please note that this application is intended to be downloaded and used by nationals of the country of India only. If you belong to any other country, you are warned to not download or use the application.
This End User license Agreement shall deem to be the governing agreement between www.celltracker.io (hereinafter referred to as “we”, “us”, “Celltracker” as the context may require) and the user of Celltracker services (hereinafter referred to as “you”, “user” as the context may require)
- Commencement Of Agreement
- Objective of Celltracker
- How Celltracker functions
- Celltracker services & monitored Information
- Registration of USER
- Conditions of Celltracker use
- NO illegal use
- Wrongful Use Policy
- LIMITATION OF LIABILITY
- Subscription Fees
- General Terms and Conditions of Use
- Termination of Services
- Discontinuance of Service
- Cumulative Right
- Governing LAW
- Entire Agreement
1. Commencement OF Agreement
- This Agreement shall deem to have come in to force at once, upon your using any of the services provided by Celltracker.
- The terms and conditions contained in this Agreement are NON-NEGOTIABLE and are subject to acceptance “AS IT IS”. If you do not agree to this Terms and Conditions, you shall quit using Celltracker at ONCE, however your use of Celltracker, whether single use, multiple use or continuing use, shall deem to be considered as your express agreement to the terms and conditions of this Agreement
- Your use of the Services provided by Celltracker, whether single use, multiple use or continuing use, shall deem to be considered as consideration, sufficiency of which is hereby acknowledged by you, to expressly agree to the terms and conditions contained in this Agreement.
- Services provided herein are available only to those individuals/organizations that are competent to entire and form a legally binding and enforceable contract under applicable law.
- “Account” means the Account registered by the USER on Celltracker;
- “Device” means any Computer System, Smart Phones, Tablets, or any other Electronic devise which supports and is compatible for the use of Celltracker;
- “Monitor” means to monitor, track and collect the monitored information of the Target;
- “Monitored Information” means any information, data, graphics, locations, calls, messages, emails, texts, etc. received from the devise by use of Celltracker;
- “Celltracker” shall mean www.Celltracker.io and shall include Celltracker’s any other Website, Sub-Domains, Web Links, Web Applications, Android & IOS Applications, Windows Applications, Clouds, Programs, Computer Software and any other services provided by Celltracker;
- “SERVICES” means any services provided by Celltracker from time to time;
- “THIRD PARTY” means any person other than the “USER” or “TARGET”;
- “TARGET” means a person who is monitored through Celltracker Services;
- “USE” means to install and assess Celltracker and monitor the TARGET;
3. Objective of Celltracker
Celltracker is an Mobile application which is build with the following objectives : -
- Enabling Parents to monitor their minor child’s online and offline activities;
- Provide parental control to their minor’s handset devises;
- Monitoring Employees activities by the Employer during specified Employees working hour.
4. HOW Celltracker functions
- USER shall register an Account with Celltracker
- USER shall install Celltracker Application on the TARGETS Devise
- Connect the Targets Devise with User by input USERS LOGIN credentials / Access Code on TARGETS DEVISE
- Celltracker will collect MONITOR INFORMATION from TARGETS DEVISE
- MONITORED INFORMATION will be send by Celltracker Application from Targets devise to USERS Account by data connectivity.
- User can review and save all the MONITORED INFORMATION.
5. Celltracker services & monitored INFORMATION
- Celltracker provides following services to its users and monitors the following information of the Target:- Call Log History, GPS location, Calendar Updates, Text Messages, Emails, Web History, Call Recording, Social Media Activity Tracker, Live Monitoring, Application Tracker, Anti-Theft Tracker, SIM Change Alert, Any other services as may be added or deleted from time to time.
- The aforesaid services are provided on “AS IS” and on “Availability” basis, without any warranty, guarantee or representation by Celltracker, that any of the services would be available for all the time, and that any such services when available would be accurate, error free, without any interruptions or would generate the desired results.
- Celltracker may at any time suspend any of the aforesaid services or make addition to any of the aforesaid services at any point of time, without any notice or intimation to the USER.
6. Registration of USER
- Any user desirous to avail and/or use the services of Celltracker shall be required to register with Celltracker on website by submitting the registering form online available on the Celltracker website.
- Celltracker reserves the right to accept or reject the registration of user in its sole discretion with or without assigning any reason whatsoever.
- User acknowledges that it does not have any right to get registered on the website and that Celltracker shall have final authority whether to accept or reject the user registration.
- User shall enter only true, correct and accurate details for registration. If at any time it is so found that the information so entered at the time of registration is false, misleading and incorrect, Celltracker shall have right to forthwith cancel / terminate user registration and discontinue any services made available to such user.
- User must provide all mandatory details as required for registration of user.
- User shall fill up the registration form by himself, and shall not make use any robotics system, or any automated system for filing the registration form.
- User shall not enter any details in the registration form which he consider confidential and do not intend to disclose. Celltracker do not guarantee or warrantee that the information entered by the User will remain confidential and will not be viewed by third party users.
- User shall not create any spam or fake registration and / or shall not create multiple user account and/or shall not scrap the website database.
- User shall be required to create a username and password for log-in in the website. User hereby agrees not to share or disclose its username and password to any third party whatsoever.
- The username created by user shall not be abusive, racist, offensive or against statutory provisions relating to use of name.
- User shall forthwith bring to the notice of Celltracker any unauthorized access of his user account or breach of any security knows to him.
- Any licenses, permits, consents, approvals etc. which may be required for using the services of Celltracker on TARGET shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions posted on Celltracker website from time to time to enable the use of the Service.
- The User agrees at all times to comply with the requirements of Information Technology Act 2000 as well as all rules, regulations, guidelines, bye laws and notifications made thereunder.
- The User shall be responsible for the set-up or configuration of his system for accessing any Service
7. Conditions of Celltracker use
- Celltracker is not a SPY software and is not to be used as such by the USER. Purpose of services provided by Celltracker is strictly to achieve the aforesaid objectives of (1) Parental Control over Minors; and (2) Employees Monitoring during the Employment Hours and it is to be used only for such designated purpose and none other.
- Celltracker shall not be used to breach the privacy or spy on any Individuals. Any such illegal usage of the Services of Celltracker shall be construed as breach of this Agreement and upon knowledge of such Breach; Celltracker shall forthwith terminate the services and block the account of the USER, without any notice to the USER.
- To use Celltracker, the user is required to register its Account with Celltracker and install Celltracker Application on the Devises of the TARGET which is intended to be monitored as per this Agreement.
- Before installing Celltracker on the TARGETED devise, USER acknowledges and understands that : -
- User shall install Celltracker Application only in their own Child’s devises or the Child’s of whom User is a legal guardian or custodian under the law. User shall not install Celltracker Application on other’s Child’s devises.
- User shall install Celltracker Application only on the Devises belonging to the User.
- In the event User provides, licenses, sell, rents etc. his Devise to any third party for use, in which Celltracker is installed, then before delivering the Devise to such Third Party for use, the USER shall notify such Third Party regarding the presence of the Celltracker on the Devise, so as to enable the Third Party to decide whether to accept and use such Devise or not. Acceptance of devises by the third party with the knowledge of Celltracker on such devises shall be deemed presumed under the law as Express Consent of such Third Party to be monitored by the USER and the THIRD PARTIES express consent to the Terms and Conditions of this Agreement.
- User shall not install Celltracker on any Third Parties Devise, without the consent of such Third Party. User acknowledges and understands that installing Celltracker application on third parties devises without third parties knowledge and express consent is illegal and in breach of the terms of this agreement.
- Before monitoring an Employee, the USER shall take an express written consent from the Target Employee regarding his ready and willingness to be monitored by Celltracker. At the time of obtaining written consent of the TARGET Employee, USER shall disclose to the Target Employee the list of all such information which shall be monitored by the user through Celltracker.
- USER shall use Celltracker himself to monitor the target and shall not sub-license or appoint any agent, employee etc. to monitor the target.
- User shall not share, leak, disclose, publish, part away or permit any third party to have access to any of the Monitored information of the TARGET.
- USER acknowledges and agrees that the Celltracker is meant only for legitimate use and its illegal use may result in to serious violation of the LAW and consequently may result in to serous civil and criminal consequences.
- USER acknowledges consents and agrees that USER shall use Celltracker only in accordance with the law of Country to which USER is subject to. Law shall mean and include any legislation, act of parliament, ordinances, rules, bylaws, regulations, control order any other instrument having the force of law.
- In some countries, law may specifically restrict use of any monitoring applications without any exceptions, and in such countries, it may be illegal for the user to use Celltracker, even with the consent of the TARGET. Since Celltracker is available worldwide through World Wide Web, User may be able to avail and use Celltracker in the country of his location, however, before using Celltracker, user shall obtain independent opinion from his local attorney, regarding the legitimacy of the intended use of Celltracker in the country of his location and only after obtaining such legal opinion the USER may use Celltracker.
- USER acknowledges, consents and agrees that any legal consequences arising out of the use of Celltracker by the USER, not limiting damages, compensations, penalty, imprisonment, costs, etc. shall be sole liability and responsibility of the USER and Celltracker shall not in any manner be held responsible for any such consequences or liability incurred by the USER.
- Celltracker is the sole owner and title holder of all Celltracker services, including Celltracker Applications, Programming Codes, Designs, Logos, Websites, Web Applications, Databases, Logics and any other tangible or intangible intellectual property right associated, comprised and consisted therein, including any modification, improvements, enhancements etc. made therein.
- Celltracker services may be available for FREE or for a subscription. In any such event, the user is only granted permissive right merely as LICENSEE to use the Celltracker, subject to the terms and conditions and restrictions herein contained in this Agreement.
- It is clarified that USE of SERVICES of Celltracker by the USER is merely on license basis and it is not the transfer of property of any of the Celltracker services, proprietary or intellectual property rights.
- User shall not have any proprietary right, title or interest in any of the Celltracker services or Properties.
- License granted by Celltracker to the user herein shall mean that Celltracker hereby grants the USER with a limited, non-exclusive, non-transferable, revocable license to:-
- Install Celltracker in one or more devices, as per USER license subscription policy, which are owned by the USER, or are under USER legal control,
- To view, review and use the services of Celltracker
- he license herein granted, only permits the USER to install Celltracker on the devices that are owned and legally possessed by the User, or the devises on which USER have been granted express right by the third party to install Celltracker.
- This License do not permit the User to use Celltracker on any device which is not owned or control, or for which user do not have the legal right to use Celltracker.
- License granted herein is revocable at any time at the sole discretion of Celltracker, without any prior notice or intimation to the USER.
- License granted herein DO NOT INCLUDE : -
- No License is granted to the USER in any of the intellectual property of Celltracker.
- Sell, lease, rent, license, sublicense, redistribute, assign, export, import, upoad Celltracker to any THIRD PARTY, whether on commercial basis or otherwise ;
- Decompile, Disassemble, or reverse engineer any of the applications, software, code etc of Celltracker, in whole or in part;
- Develop any derivative Celltracker, or make attempt to derive the source code of, modify, or create derivative works of the Celltracker ;
- USER shall not make unauthorized reproduction, distributions, copy adapt, edit, change, transform, hack or illegally access to any of the contents, codes, materials or Applications of Celltracker whether in part or in full.
- Additional Terms and Conditions; EULAs
- When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the “G2A Pay services provider”) to make a purchase on our website, responsibility for your purchase will first be transferred to G2A.COM Limited before it is delivered to you. G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment-related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements and are not subject to the Terms on this website.
- We and/or entities that sell products on our website by using G2A Pay services are primarily responsible for warranty, maintenance, technical or product support services for those Products. We and/or entities that sell products on our website are primarily responsible to users for any liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer. G2A Pay services provider is primarily responsible for facilitating your payment.
- You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory bodies.
- For customer service inquiries or disputes, You may contact us by email at [email protected]
- Questions related to payments made through G2A Pay services provider payment should be addressed to [email protected] related to payments made through G2A Pay services provider payment should be addressed to [email protected]
- Where possible, we will work with You and/or any user selling on our website, to resolve any disputes arising from your purchase.
9. NO Illegal use
- USER shall not make use of Celltracker other than for the legitimate purpose for which the license is hereby granted to the USER.
- USER hereby acknowledges and agrees not to use Celltracker in any manner so as to spy, harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third parties,
- USER shall not use any MONITORED INFORMATION FOR harassing, threatening, defaming or offending the TARGET or any third party.
- User shall not share, leak, disclose, publish, part away or permit any third party to have access to any of the Monitored information of the TARGET.
- All services provided by Celltracker are on “AS IS” and on “AVAILABLE” basis and Celltracker do not guarantee or warranty that any services provided by Celltracker would be available at all the time, and that such services when available would be accurate, error free, bug free, precise, uninterrupted or would be as per USERS expectation. User agrees to use Celltracker at its own discretion, risk and consequences.
- Celltracker do not guarantee or warrant that the any of the Celltracker services will be compatible with USERS Devises. Before using Celltracker, user shall verify the compatibility of TARGET DEVISE with Celltracker.
- Celltracker uses internet / DATA CONNECTIVITY to synchronize MONITORED INFORMATION between the Target devise and USER Account. Hence the performance of services by Celltracker is dependent on the availability of strong internet connection, in absence of which USER may not be able to assess timely MONITORED INFORMATION. Celltracker do not assume any liability in the event USER is not able to monitor the target due to lack of internet connectivity.
- Celltracker uses devise memory and devise disk space to save the monitored information, which is not immune from getting corrupted, data loss, tempering or attack from virus, spam or any other damage. Celltracker shall not be liable in the event any of the MONITORED INFORMATION gets corrupt, destroyed, tempered or lost from the TARGET DEVISE and is not available to the USER for monitoring.
- Quality of Monitored Information is subject to the precision and quality of TARGET DEVISE. In the event target devise is not compatible or does not render optimum clear output like camera, microphone, GPS etc., then in such event quality of MONITORED INFORMATION may not be good and in many events it may not even be usable or collected at all, for which Celltracker assumes no responsibility or liability whatsoever.
- Celltracker may at its sole discretion and without assigning any reason whatsoever at any time suspend Celltracker Services without any notice with a view to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. During this Suspension period USER may not be able to monitor the target, in which event Celltracker is not liable for any loss that may be sustained by the USER on account of unavailable of CelltrackerS services.
- Celltracker complies with all industrial standards pertaining to safety and security of the ELECTRONIC DATA, however, user and target understand and acknowledges that any security and safety measures are not absolutely and can be penetrated by diverse methods, and in which event, loss of data and MONITORED INFORMATION may suffer, in which Celltracker shall not be liable to the user or the target, for loss or leak of any Information on account of hacking, data theft online security beach or for any other reasons, which is not in the control of Celltracker.
11. Wrongful Use Policy
- Celltracker SPECIFICALLY RESTRICT ANY UNAUTHORIZED AND ILLEGAL USAGE OF Celltracker SERVICES ON THE TARGETS AND THIRD PARTIES AND In the event the TARGET or Any Third Party believes that his devise has been wrongly installed with Celltracker, then any such Target or Third Party shall forthwith notify Celltracker about such wrongful installation of Celltracker on their devises.
- Upon receipt of such wrongful use information, Celltracker shall assist the TARGET OR THIRD PARTY to uninstall the Celltracker Application from its devises.
- Celltracker shall further notify the USER with whom the devise is connected regarding such wrongful use report and shall seek clarification from the USER. In the event there is no satisfactory clarification received from the USER, THEN Celltracker shall block the USER ACCOUNT and permanently suspend CelltrackerS Services to such user and delete all MONITORED INFORMATION qua such USER from its SERVER.
12. LIMITATION OF LIABILITY
- Subject to the maximum extend permissible under the law, Celltracker shall not be liable to the USER or the TARGET or any THIRD PARTY in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from use of Celltracker; or for any loss of profit, revenue, data, information, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of USERS use or inability to use Celltracker ; or any defect in the Celltracker SERVICES OR MONITORED INFORMATION ; or the breach of this Agreement, whether in an action in contract or tort or based on a warranty.
14. Subscription Fees
- Celltracker may provide subscription based services to the USER.
- User willing to avail such services shall be required to pay subscription fees as prescribed in such respective subscription Package.
- User of such service shall be bound by the terms and conditions prescribed for each individual Services, in addition to the terms and conditions stated herein, to the extend not inconsistent with such Subscription terms and conditions.
- Validity of the subscription and services made available to user under such Services subscriptions shall be as per the terms and conditions stated in respective Services terms and conditions.
- Pending validity of any Service subscription, should user terminate his account, in that event the unused subscription fees / services shall deem to have been appropriated and user shall not have any right of refund or adjustment of unused subscription fees/services, nor such subscription fees/services shall revive or be reused by the user upon creation of a new account subsequently. User hereby authorizes Celltracker to appropriate such unused subscription fees.
- Any unused services or subscription fees upon the expiry of subscription period of the Services shall deem to have lapsed and user shall not have any right to carry forward any such unused services/fees.
- User hereby agrees that the subscription fees payable by user to avail services of a specified Services for a specific duration, and it is upon user to avail or not to avail such services. Celltracker assumes no responsibility or liability on account of any failure on the part of user in not being able to avail, whether in part or full, the services available under the specified subscribed Services.
- User shall be liable to pay any applicable government taxes, cess, fees, bank transfer charges etc for subscribing to CelltrackerS paid services.
- Celltracker reserves the right to at anytime discontinue/terminate the services available under any subscribed Services and user shall not have any right to avail or continue to avail any such services available under such Services whatsoever. Any balance services/subscription fees available on the discontinued/terminated Services shall be adjusted by Celltracker against any one of the available Services, as per the choice of user, subject to terms and conditions of such Services.
15. General Terms and Conditions of Use
- User shall not allow any Third Party to assess or use USER’S ACCOUNT
- The User shall not resell or assign rights or obligations to any third party whatsoever.The User shall not resell or assign rights or obligations to any third party whatsoever.
- The User shall comply with all applicable laws in specific law relation to Information Technology Act, 2000 and as amended in 2008 and all and any regulations framed there under.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- he User shall not violate, or attempt to violate the security of Website and/or any links to website or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
16. Termination of Services
Celltracker may terminate user account forthwith and suspend access of any services to the user without any reason whatsoever, in the event of : -
- Maturity of the subscription period
- Where Celltracker receives any order from statutory authority or court of law to terminate services to User
- Where it is so desired in the public interest to terminate services of user
17. Discontinuance of Service
- Celltracker reserves the unilateral right to add to /and/or change and/or delete and/or end or prematurely withdraw its Service or any part thereof at anytime with or without notice to the User for any reason including on account of business exigencies and/or regulatory or statutory changes.
- There shall be no liability on behalf of the Celltracker to the User, TERGET or any third party in case Celltracker exercises its unilateral right to modify or discontinue the Service.
All notices and communication to Celltracker shall be made in English Language and must be addressed to Celltracker at its contract address as provided on Celltracker WEBSITE. User must mention his complete and correct Legal, Postal Address and Contact Details in order to enable Celltracker to process the communication. Any communication not in accordance as aforesaid will not be considered and shall be treated as SPAM.
20. Cumulative Right
- The validity, construction and performance of this Agreement shall be governed by Laws of [India]
- Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts at Judicature AT UNION OF INDIA to which the parties to this Agreement hereby exclusively and unequivocally submit.
23. Entire Agreement
This Agreement shall constitute the complete and exclusive agreement between User, Target and Celltracker with respect to the use of Celltracker SERVICES, superseding any prior agreements, documents and or communications regarding the same.
All TARGETS AND THIRD PARTY who have consented to be monitored by Celltracker or those TARGETS OR THIRD PARTIES WHO have not granted such consent, but after having gather knowledge of use of Celltracker on their devises have failed to report such misuse within (24) hours from such knowledge to Celltracker, shall be deem construed to have consented to the use of Celltracker and SHALL be bound by the TERMS OF THIS AGREEMENT.