Digitexpro END USER LICENSE AGREEMENT
The last update of this EULA is 16 October, 2023.
Before purchasing or using the Digitexpro software (henceforth referred to as the “software” or “licenced software”), PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA”) CAREFULLY. YOU AGREE TO ABIDE BY THE TERMS OF THIS EULA BY BUYING OR USING THE SOFTWARE. DO NOT INSTALL OR USE THE SOFTWARE, AND DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR DEVICE IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENCE. This End User Licence Agreement (EULA) governs the use of the software and is a legal contract between you, the user, and DIGITEXPRO S.R.O., the licenser. UPLOADING, INSTALLING, OR USING THE SOFTWARE IN ANY OTHER WAY BRINGS YOU INTO BINDING BY THE TERMS OF THIS EULA.YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE IF YOU DISAGREE WITH ITS TERMS.
ASKED BY ACCEPTING THIS EULA, YOU AGREE TO INSTALL THIS SOFTWARE ONLY ON DEVICES OWNED BY YOU AND TO USE IT ONLY IN CONNECTION WITH AN ACCOUNT, APPLICATION, OR PROGRAMME YOU HAVE THE LEGAL RIGHT TO ACCESS FOR CLOUD-BASED OR OTHER MONITORING THAT DOES NOT REQUIRE INSTALLATION ON A DEVICE. Additionally, you consent to notify anyone using a device that has the software installed as well as anyone else with access rights to a monitored account of its presence. If you don’t follow these guidelines, you can end up breaking applicable laws. You acknowledge and agree that any legal fees incurred by the licensee as a result of your improper or illegal use of the software are your responsibility.
The Terms of Use include this EULA as a fundamental component.
General Provisions. The user agrees that the software will be used to track, monitor, and gain access to children’s devices, including computers and cell phones (including, but not limited to, email and text messages), even when the software is installed on those devices.
- The user agrees not to use the software in violation of any laws that are applicable to them, including any laws, rules, ordinances, or governmental regulations, and that installation and use of the software will be in compliance with the applicable law governing the monitoring of device, account, application, or programme activity and usage.
- The user consents to installing this programme ONLY on their own property. In the case of cloud-based or other monitoring that doesn’t need to be installed on a device, the user consents to using this software ONLY in conjunction with an account, programme, or application that the user is authorised to use.
- The user understands that providing a third party with the identity of any device, account, application, or programme that the user is monitoring is forbidden and against the terms of this EULA.
- By installing the software, the user agrees to prevent any other person from accessing the data the software gathers from the device, account, application, or programme.
- The user is aware that they can only use the site and software to (i) monitor their children through parental control and (ii) manage their own device.
- The user understands that sometimes the software needs to be installed on the target device in person, or that an iCloud or Gmail username and password are needed.
- The user understands that without physical access, the software cannot be remotely installed on an Android target device. The software can be synced remotely with iOS or Android devices, but it requires iCloud or Google credentials. This implies that the user can only install the software on devices to which they are legally authorised to do so.
- The user is aware that, in accordance with the compatibility policy, they must verify the requirements for compatibility with the target device before installing the software. You acknowledge that it is your obligation to follow the compatibility policy after the installation and that there will be no reimbursement.
YOU HEREBY WARRANT, REPRESENT, COVENANT, AND CERTIFY THE FOLLOWING BY INSTALLING THE SOFTWARE:
1. Scope of License: The application provider gives you a limited, non-transferable, non-exclusive, revocable licence (hence referred to as the Licence) to: (i) install the software on one or more legally owned and controlled devices; (ii) view and use the software and any related information that the software provides; and (iii) use the software for cloud-based account, application, or programme monitoring. Nothing in this EULA should be read to allow you to install the Licenced Software on any device that you do not own or own, or that you are not legally authorised to monitor, or to keep an eye on any accounts, applications, or programmes that you are not authorised to keep an eye on.
2. Software is Designed for Legal Use only. The Licenced Software is intended for usage only by individuals who are legally authorised to manage the account, device, programme, or application on which it is installed and/or used for parental control. You cannot obtain legal advice from the Licensor on the usage of the Licenced Software. Before downloading, installing, or using the Licenced Software, you should check with your own legal counsel about whether using it in the way you want to is lawful. It is entirely your obligation to ascertain whether you are authorised to keep an eye on the computer, account, software, or application that the licenced software is installed on. If a user decides to take control of a programme, device, account, or application over which they do not have the legal authority, the licenser will not be held accountable.
3. Illegal Use of the Software. You acknowledge that the Licensor is not liable in any way for any use of the Licenced Software by you, and that you will not use it to harass, abuse, stalk, threaten, defame, or in any other way infringe upon or violate the rights of any other person. The licenser reserves the right to block (delete) the software on a suitable device and ensure that the account of the violation is disabled in the event that the licenced software is installed on a device without the owner’s consent.
Please note that all data on the Licensor’s servers is encrypted by software that complies with GDPR standards and requirements to protect account holders’ privacy. As a result, the Licensor is unable to read or disclose this data from the server side to any third parties.
The software may contain portions of third-party software’s source code that were utilised during the software development process. As a result, if you break this agreement, you run the risk of breaching the rights and interests of other parties.
4. License. It is acknowledged and agreed upon that the Licensor is the owner of all rights, titles, and interests with respect to the original. Any copies of the Licenced Software, along with any associated data, upgrades, modifications, or derivatives, as well as ownership of all related intellectual property rights, whether in whole or in part, shall belong exclusively to the Licensor and shall vest with it. By downloading, installing, or using the software, you, the licensee, do not obtain any ownership rights to the software that is licenced. In addition to other intellectual property laws and treaties, the Licenced Software is protected by international copyright treaties and copyright laws. No further intellectual property rights are included in this licence; instead, you only get permission to download, install, and use the licenced software.
You acknowledge and agree that you will not and may not: (i) sell, lease, rent, licence, sublicense, redistribute, assign, or grant the Licenced Software; (ii) decompile, disassemble, or reverse engineer the Licenced Software, in whole or in part; (iii) write or develop any derivative software, attempt to derive the source code of, modify, or create derivative works of the Licenced Software, any updates, or any part or other software programme based upon the Licenced Software; (iv) provide, disclose; or (v) copy the Software.
Any effort to do so is regarded as a breach of the Licensor’s and/or other copyright owners’ rights, as well as the EULA. You can face legal action and damages if you violate this restriction.
In the event that the aforementioned conditions are broken, you will be held accountable under applicable law and international treaties protecting intellectual property rights and copyrights. Additionally, any developed derivative software will belong to the licensee from the time it was created.
Throughout the duration of the Licence, the Licensor may offer upgrades, changes, additions, or updates (hence, the Modifications) to the Licenced Software. Any such modification will be subject to the provisions of this EULA unless it is accompanied by a different licence, in which case it will be subject to the terms of that licence.
You warrant that your participation in this EULA will not violate any prior agreements you may have to preserve confidential or proprietary information you obtained in confidence. You affirm that you have not and will not enter into any written or verbal agreements that clash with this one.
An internet connection might be required in order to use the software. If there are issues with your internet connection or the software is unavailable, the Licensor will not be held liable.
5. Consent to Use of Data:You grant the Licensor permission to gather and use technical data and related information about your device, system and application software, and peripherals, among other things, on a regular basis in order to provide you with software updates, product support, and other services (if any) associated with the Licenced Software. The Privacy Policy lays out the procedures and requirements for processing, storing, retaining, and transferring personal data.
6. Third Party Information.You guarantee that you will not, either before or after this EULA, improperly utilise or divulge any trade secrets or proprietary information that you may have in your possession. Additionally, you agree to abide by any use and confidentiality restrictions that the Licensor may request of you in the event that it discloses confidential information of its third-party licensors. You agree to keep all such proprietary and sensitive information strictly confidential, not share it with outside parties, and only use it to further the interests of the Licensor or the relevant third party.
7. Term and Termination:You are permitted to use the Licenced Software for the duration of your subscription plan, which is concurrent with the term of this Licence. In the event that you violate any of the terms of this EULA or your subscription period ends, your rights under this Licence shall automatically terminate without further action from the Licensor. You must stop using the licenced software and remove it from any devices it was installed on when the licence expires.
8. Limited warranty.You acknowledge that there are problems in both software and that regular file backups are advised. In the event that the Terms and Conditions and this EULA are broken, the Licensor does not guarantee that the Software will function.
9. If any third-party programme or device that is not supplied by the Licensor causes a problem in the programme, the Licensor does not guarantee that the Software will function as intended. According to the terms “as is” and “as available,” the software is provided. The Software is provided “as is” with no guarantees, conditions, proposals, or terms by the Licensor that cannot be restricted or excluded in accordance with relevant legislation. The Licensor makes no representations or warranties of any kind, either expressed explicitly or indirectly, regarding, among other things, commercial quality, integration, or suitability for a particular use.
You acknowledge that, in the event that you use software illegally, you will be responsible for selecting, installing, and utilising it, as well as for any outcomes you obtain with their help and for violating the rights of third parties.
10. After the Licence is acquired, the Software is covered by this limited, non-transferable guarantee for the duration of your subscription plan. The limited warranty will be extended until the end of your subscription plan if you receive updates, replacement software, or supplements during that time. This implied warranty only applies during the Limited Warranty’s term, to the extent allowed by law.
11. Technical issues.
Should you experience any technical problems with the software, you can contact our Customer Support Centre for expert assistance. They will offer you complete support under the limited warranty for the duration of your subscription plan. Should you experience technical difficulties with the Software that the Licensor Customer Support Centre is unable to resolve, your only available remedy is a complete refund in compliance with the Refund Policy, without any form of reimbursement, indemnity, or other compensation.
12. The conditions of this EULA are subject to change at any time, and this page will always link to the most recent version of the EULA.
13. The Licence granted to you may be modified at any time by the Licensor; such modifications shall take effect immediately upon posting on the digitexpro.net website. Additionally, the Licensor is not liable for any modifications, deletions, or restrictions made to any functionality of the Licenced Software. You agree to the modifications if you keep using the Licenced Software.
14. Limitations of Liability. REGARDLESS OF THE NATURE OF THE CLAIM, DEMAND, OR ACTION ALLEGING ANY LOSS, INJURY, OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM USING OR POSSESSING THE SOFTWARE, THE LICENCE PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: LOSS OF PROFIT, REVENUE, CONTRACTS, SAVINGS, OR OTHER CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, ANY DEFECT IN THE DATA, OR THE BREACH OF THIS EULA, WHETHER IN AN ACTION BASED ON A WARRANTY. IN ANY EVENT, THE LICENSOR’S LIABILITY UNDER ANY EULA PROVISIONS IS LIMITED BY THE AMOUNT YOU PAID FOR SOFTWARE USAGE, BUT NOT EXCEEDING $50.
In no case will the Licensor be responsible for how the Software is used.
15. Additional Terms and Conditions.All prior and contemporaneous understandings and communications, whether oral or written, between the Parties regarding the subject matter hereof are superseded by this End User Licence Agreement, which serves as the entire, final, and integrated agreement between the Parties regarding the subject matter hereof. Any rights or licences not expressly granted herein are reserved by the Licensor. You may not assign or transfer this EULA in any way, whether by default or otherwise, without the licensor’s prior written consent.
16. YOU AGREE TO THE TERMS AND CONDITIONS, OBLIGATIONS, RIGHTS, AND ACCEPTANCES SET FORTH HEREIN, AND YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SOFTWARE BY PROCEEDING WITH THE INSTALLATION.
17. Hong Kong legal rules apply to this EULA.
18. International Use.The Software may be available anywhere in the world, but we cannot guarantee that it or any connected materials are suitable or available for use in your location. Additionally, the Software may not be accessible from regions where local laws prohibit access to its content. If and to the extent local laws are applicable, those who choose to access the Software from such regions do so of their own free will and are in charge of adhering to local laws. Where prohibited, any offer and/or information made in relation to the software is null and void.
19. Without limiting the foregoing, the Software may not be exported or re-exported to anyone on the U.S. Department of Commerce’s Denied Person’s List or Entity List, the U.S. Treasury Department’s list of Specially Designated Nationals, or (a) into (or to a national resident of) any U.S. embargoed countries. You represent and warrant that you are not a national resident of, situated in, controlled by, or included on any such list of countries by accessing and using the Software.
Please send an email to support@digitexpro.net with any issues you may have regarding this EULA.