IMPORTANT – READ CAREFULLY. YOUR USE OF THE SCREENTIME LEARNING APPLICATION (THE “APP”) DOWNLOADABLE TO YOUR APP-ENABLED MOBILE DEVICE IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY: (1) CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY SCREENTIME SOLUTIONS, INC. (“SCREENTIME”) OR (2) REGISTERING WITH SCREENTIME AND/OR (3) INSTALLING THE APP, YOU ARE CONFIRMING THAT YOU ARE 21 YEARS OF AGE OR OLDER AND ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE APP UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT THE COMPANY MAY CREATE AND MAKE AVAILABLE ON ITS WEBSITE FROM TIME TO TIME.
This is a legal agreement between you (“You”) and ScreenTime, stating the terms that govern your use of the App. The App is intended to permit you to require your child to correctly answer quiz questions in order to unlock the use of the mobile device (except for permitted emergency and other calls). This will help you help your child learn while using the mobile device.
Scope of License: This license granted to You for the App by ScreenTime is limited to a non-transferable license to use the licensed application on any supported version for up to three (3) Android devices that You own or control. This license will allow You to use the App on up to three (3) mobile devices that you own (for up to three (3) children) and to which you download the App. You may not distribute or make the App available over a network where it could be used by multiple non-owned or controlled devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App, although you can permit others (such as your children) to use the App as part of accessing and use of your mobile device(s). You understand that the App is protected under intellectual property laws and that You or anyone using your mobile device may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of the rights of ScreenTime and/or its licensors. If You or any user breaches this restriction, You or the user may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by ScreenTime that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Termination. The license is effective until terminated by You or ScreenTime. Your rights under this license will terminate automatically without notice from ScreenTime if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the App, and destroy all copies, full or partial, of the App.
Services; Third Party Materials. The App enables access to use of the Android device onto which the App is downloaded. You understand we have no responsibility for any content or functionality associated with your mobile device and the use thereof. You agree to use your mobile device at Your sole risk and that ScreenTime shall not have any liability to You or anyone using your mobile device for any aspect of the mobile device, including damage to the device or content accessed through use of the mobile device.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP LIMITS ACCESS TO YOUR MOBILE DEVICE, AND THAT YOUR USE OF THE APP AND YOUR MOBILE DEVICE CONTAINING THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SCREENTIME HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SCREENTIME DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP OR YOUR MOBILE DEVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCREENTIME OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE RESPONSIBLE FOR INSTRUCTING ANYONE USING YOUR MOBILE DEVICE HOW THE APP OPERATES AND THE TYPES OF CALLS A USER MAY MAKE WITHOUT ANSWERING QUESTIONS (E.G. EMERGENCY CALLS OR CALLS TO SELECTED NUMBERS).WE STRONGLY RECOMMEND INPUTTING SEVERAL EMERGENCY CONTACT NUMBERS AND/OR REGULARLY DIALED FAMILY NUMBERS AS PHONE NUMBERS WHICH CAN BE DIALED WITHOUT ANSWERING QUESTIONS CORRECTLY.
You agree to be solely responsible for maintaining the confidentiality of your password and account details and you shall keep your password confidential at all times and shall not permit it to be used by any other person.
To the extent the law permits, You release us from any claims or liability related to any use of the App or the mobile device containing the App. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Limitation of LiabilityYOU ARE SOLELY RESPONSIBLE FOR ANY USE OF YOUR MOBILE DEVICE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SCREENTIME BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SCREENTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ARE ALSO RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION YOU INPUT INTO THE APP. In no event shall ScreenTime’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws
You can review certain limited information about us and the App on our website without telling us who you are or revealing any information that identifies you personally (“Personal Information”). However, in order to use the App you will need to register with us and provide us with your Personal Information.
Profile Information: Once you become a user of the App, you will need to provide us with Personal Information about you, including your name, email address, credit card information, acceptable username, zip code and a telephone number that is capable of receiving text messages, the names, ages and school grade of the children who may use the App and information about the mobile devices on which the App will be loaded
Device Identifiers and Tracking Technologies: When the App is used we may access, collect, monitor and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device or transmission technologies such as near field communication or low energy Bluetooth or iBeacon, which uniquely identify your mobile device and are used to support and improve the App and use of the App. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent by us to the device. Though a device identifier does not collect or share any Personal Information about you, it may be used in conjunction with Personal Information obtained from other sources. A device identifier may remain persistently on your device. We may access, collect and/or store device identifiers and maintain them in your profile
We use device identifiers to deliver content and analyze use of the App. We process answers to questions that need to be answered correctly in order for the App to permit full access to and use of the mobile device. These questions are regularly updated and served based on user interactions with the App.
We may use your Personal information to send you service notifications, security alerts, and other operational notices related to the App.
We use information we collect to operate, maintain and provide you the features and functionality of the App, to analyze how the App is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, aggregate and monitor relevant metrics. We also use information collected through use of the App for research purposes and such information may be disclosed (in non-personally identifiable form) to third parties.
Service Providers: Your information may be provided to certain third-party service providers who assist us in providing you with the App. These service providers may include application vendors, hosting services, email, SMS gateways or mobile device communication companies. We have agreements with service providers which limit use of the information for the purposes of providing services for us in connection with providing you the App.
Business Transfers: As we develop our business, we may buy or sell assets or business offerings. Information relating to users is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution or discussions regarding such transactions.
Compliance with Laws and Law Enforcement: We may disclose Personal Information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal process; to protect the safety of any business, person or member; to address fraud, security or technical issues; or to protect our rights or property or the rights of others. We may in our sole discretion elect in good faith to cooperate with any law enforcement agency requesting assistance with an official investigation by disclosing and/or sharing with such agency any and all information, data and/or content connected with use of the App. We may also, but need not, in our sole discretion, initiate a report to any law enforcement agency where it is reasonably suspected that unlawful activity may occur, or may have occurred, including but not limited to disclosing and/or sharing information, data and/or content connected with use of the App.
Information received by us through the App is stored and processed on secured servers and computers we control in the United States. We use (and our service providers are required to use) reasonable technical and administrative security measures designed to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls, data encryption, physical access controls to data centers, and information access authorization controls.
While we have implemented reasonable security measures please keep in mind that "perfect security" does not exist, and no transmission of information is guaranteed to be completely secure. Unauthorized entry or use, hardware or software failure, and other factors may compromise data security. You acknowledge and agree to assume this risk when communicating with us and utilizing the App. Please remember that you are. responsible for maintaining the confidentiality and security of any user name and password you use in connection with the App. If you believe that your account information is being used in an unauthorized fashion, you must contact us immediately. You are also responsible for all use of the App resulting from your account.
You may review and request amendments to the information that we maintain in your profile. You may access the information by contacting us at the address below. We may request documentation to identify you and/or support any amendments to your information that are requested.
By providing us with any Personal Information you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of the information. In addition, while we take efforts to ensure the proper and appropriate use of data by anyone that may receive your information from us, we cannot be liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your information caused by those service providers and third parties. We cannot be liable for information that you directly disclose to the public or third parties through your use of our website or dealings with Member Businesses.