Wintego Monitoring Software End User License Agreement (EULA)

The last update of this EULA is 09 march, 2024.

PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (“EULA”) PRIOR TO PURCHASING OR USING THE WINTEGO SOFTWARE SOFTWARE (HEREINAFTER – SOFTWARE/LICENSED SOFTWARE). BY PURCHASING OR USING THE SOFTWARE, YOU AGREE TO ADHERE TO THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE AND DELETE THE SOFTWARE AND ALL OF ITS RELATED FILES FROM YOUR DEVICE. THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU (HEREINAFTER – THE USER) AND GEAR GARGETS GROUP,LLC. (HEREINAFTER – LICENSOR) FOR USE OF THE SOFTWARE. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

BY ACCEPTING THIS EULA, YOU AGREE TO INSTALL THIS SOFTWARE ONLY ON A DEVICE OR DEVICES OWNED BY YOU AND, FOR CLOUD-BASED OR OTHER MONITORING THAT DOES NOT REQUIRE INSTALLATION ON A DEVICE, TO USE IT ONLY IN CONNNECTION WITH AN ACCOUNT, APPLICATION, OR PROGRAM YOU HAVE THE LEGAL RIGHT TO ACCESS. YOU ALSO AGREE TO INFORM ANY PERSON(S), WHO USE(S) A DEVICE WITH THE SOFTWARE INSTALLED AND ANY OTHER PERSON WITH THE RIGHT TO ACCESS A MONITORED ACCOUNT OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY HEREWITH MAY RESULT IN BREAKING APPLICABLE LAW BY YOU. YOU UNDERSTAND AND AGREE THAT YOU SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY THE LICENSOR RESULTING FROM YOUR IMPROPER OR ILLEGAL USE OF THE SOFTWARE.

IF YOU INTEND TO USE THIS SOFTWARE ON THE DEVICE THAT YOU DO NOT OWN OR INTEND TO track SOME ONE WITHOUT THEIR NOTICE THEN IF SUCH A PERSON TAKES THE LEGAL ACTION AGAINST YOU THEN YOU WILLL TAKE ALL THE LEGAL RISKS AND WE WILL NOT BE RESPONSIBLE FOR SUCH ACTION OR ACTIONS.

SOFTWARE INTENDED FOR LEGAL USE ONLY. IT IS THE VIOLATION OF THE APPLICABLE LAW AND YOUR LOCAL JURISDICTION LAWS TO INSTALL THE LICENSED SOFTWARE ONTO A DEVICE YOU DO NOT OWN. THE LAW GENERALLY REQUIRES YOU TO NOTIFY OWNERS OF THE DEVICES, ON WHICH YOU INTEND TO INSTALL THE LICENSED SOFTWARE. THE VIOLATION OF THIS REQUIREMENT COULD RESULT IN SEVERE MONETARY AND CRIMINAL PENALTIES IMPOSED ON THE VIOLATOR. YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR WITH RESPECT TO LEGALITY OF USING THE LICENSED SOFTWARE WITHIN YOUR JURISDICTION PRIOR TO INSTALLING AND USING IT. YOU ARE SOLELY RESPONSIBLE FOR INSTALLING THE LICENSED SOFTWARE ONTO SUCH DEVICE AND YOU ARE AWARE THAT wintego CANNOT BE HELD RESPONSIBLE. LESS

YOU WILL BE RESPONSIBLE FOR ALL THE ACTIONS FOR USING WINTEGO SOFTWARE.

This EULA is an integral part of the Terms of Use.

General Provisions

User acknowledges that the Software shall be used for the purpose of monitoring, tracking and obtaining access to certain devices such as cell phones and computers (including, but not limited to, email and text messages) of children, including through the use of devices, on which the Software is installed.

• User agrees that the installation and use of the Software will be in accordance with the applicable law governing the monitoring of device, account, application, or program activity and usage, and will not use the Software in violation of any laws the User is subject to, including any law, rule, ordinance or governmental regulation.
• User agrees to install this software ONLY on a device that is owned by a User. For cloud-based or other monitoring that does not require installation on a device, the User agrees to use this software ONLY in connection with an account, application, or program the User has the legal right to access.
• User acknowledges that it is prohibited and against the terms of this EULA not to inform any third party which device, account, application, or program is monitored by the User with the.
• User consents not to allow any other person to access the information that the Software collects from the device, account, application, or program on which the Software is installed.
• User understands that the Site and the Software shall be used only with the aim of (i) parental control of their children, (ii) control their own device.
• User acknowledges that in some cases the physical access to a target device is required for the Software to be installed on that target device or iCloud login and password.
• User acknowledges that in case of an Android Target device, the Software may not be installed remotely without physical access hereto. Remotely the Software may be synchronized with iOS devices, but the iCloud credentials are required, which means the Software may be installed by the User only to a device to which a User has lawful access.
• User is aware that before installing the Software you have to check the requirements of compatibility of your target device according to the Compatibility Policy. If you have failed to comply with Compatibility Policy after the installation, you agree that it is your responsibility and you will not be refunded.
• User understands that a target device shall be in compliance with the Compatibility Policy to be able to use the Software with basic features. If more features are required on a target device, a jailbreaking (iOS) or rooting (Android) shall be performed, which is a legal procedure according to the applicable law. According to exemptions, which were adopted to the Digital Millennium Copyright Act by the Librarian of Congress, a jailbreaking and rooting in specific cases are lawful.

BY INSTALLING THE SOFTWARE, YOU HEREBY WARRANT, REPRESENT, COVENANT AND CERTIFY THE FOLLOWING:

a. Scope of License:

The Application Provider grants you a limited, non-exclusive, non-transferable revocable license (hereinafter – the License) to (i) install the Software on one or more devices, which are owned by you, are under your lawful control, and (ii) view and use the Software and any related information provided to you by the Software, (iii) or to use the Software for cloud-based monitoring of a specified account, application, or program. Nothing in this EULA should be interpreted as permitting installation of the Licensed Software on any device you do not own or control, or which you do not have the legal right to monitor, or to monitor any account, application, or program you do not have the legal right to monitor.

b. Software is Designed for Legal Use only:

The Licensed Software is designed for use by those who have the legal right to control a device, account, application, or program on which it is installed, or on which it is used for parental control. The Licensor cannot provide legal advice to you regarding your use of the Licensed Software. You should consult your own legal advisor with respect to legality of using the Licensed Software in the manner you intend to use it prior to downloading, installing, or using the Licensed Software. You take full responsibility for determining that you have the right to monitor the device, account, application, or program on which the Licensed Software is installed. The Licensor shall not be held responsible if the User chooses to control a device, account, application, or program the User does not have the right to it.

c. Illegal Use of the Software:

You agree not to use the Licensed Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person, and that the Licensor is not in any way responsible for any such use by you. In case the Licensed Software is installed on the device without permission of the owner, the Licensor has the right to block (delete) the Software on an appropriate device and make sure that the account of a violator is blocked. Please be informed that all the data on the Licensor servers is encrypted by the software, which is responded to standards and requirements, provided by the GDPR, to protect the privacy of the account holder, therefore the Licensor can neither disclose this data to any third parties nor read it from the server side.

d. Third Party Software:

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d. Third Party Software:

Some part of the Licensed Software may be based on third party software, including, but not limited to, open source software (hereinafter – the Third Party Software). The Third Party Software is provided under separate terms and conditions that are not covered by this EULA. The terms and conditions that govern the use of the Third Party Software are available in the License Agreement for the Third Party Software. You agree to comply with such terms and conditions.

Term and Termination

This EULA is effective until terminated. You may terminate this EULA at any time by deleting the Licensed Software and all copies thereof from your device. This EULA will also terminate immediately without notice from the Licensor if you fail to comply with any provision of this EULA. Upon termination, you must delete the Licensed Software and all copies thereof from your device.

Disclaimer of Warranties

THE LICENSED SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH YOU. SHOULD THE LICENSED SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED SOFTWARE.

Indemnification

You agree to indemnify, defend, and hold harmless the Licensor and its affiliates, officers, directors, employees, consultants, agents, and suppliers from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from your use of the Licensed Software, your violation of this EULA, or your infringement of any intellectual property or other right of any person or entity.

Amendments

The Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the Licensor’s sole discretion. By continuing to access or use the Licensed Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Licensed Software.

Governing Law

This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which the Licensor is located, without regard to its conflict of law principles. Any legal action or proceeding arising under this EULA will be brought exclusively in the federal or state courts located in the jurisdiction in which the Licensor is located, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

Contact Information

If you have any questions about this EULA, please contact us at:

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Miscellaneous

This EULA constitutes the entire agreement between you and the Licensor regarding the use of the Licensed Software and supersedes all prior or contemporaneous understandings regarding such subject matter. If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions of this EULA will remain in full force and effect.

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