Terms of Service
Effective date: March 1, 2020
These Terms of Service (“Terms”) govern your use of the online monitoring service including services provided in conjunction with the application named “Radlee” (the “Service”) made available by Human Tech Labs, Inc. (“HTL”). To agree to these Terms, click “I Agree” where indicated in the registration process for the Service.
Introduction. The Service is a tool operated by HTL which provides the subscribing parent (“you”) with alerts when potential online dangers (such as predatory approaches) or potential signs of trouble (such as racy photos) are identified in interactions with Instagram involving your registered child or children (each, a “Covered Account”). The Service includes automated review by our proprietary technologies involving the Covered Accounts. The Service currently supports English language interactions only; additional language interactions may become available in the future.
Free Features, Subscription Features, Cancellation and Refund Policy. The Service has a set of features that are offered on a free basis (“Free Features”), and an additional set of features that are offered on a subscription basis (“Subscription Features”). Free Features include those that analyze the data present on your Covered Account(s). Subscription Features include those that analyze the data present on other accounts that may be related (e.g., followers of following) of your Covered Accounts. For the Free Features, no subscription is necessary. For the Subscription Features, you may choose a monthly subscription or a yearly subscription. If you choose the monthly subscription, a monthly subscription fee is charged each month to a credit card or payment account registered with HTL. If you choose the yearly subscription, a yearly subscription fee is charged each year to a credit card or payment account registered with HTL. Subscriptions are either month-to-month (for the monthly subscription) and automatically renew at the end of each month for the next succeeding month, or year-to-year (for the yearly subscription) and automatically renew at the end of each year for the next succeeding year, unless you cancel the subscription. To cancel your subscription at any time, please navigate to the “Account” page on our Site if you signed up through our site, or to the Subscriptions area of your AppleID account if you signed up through your mobile device using Apple’s App Store. Upon cancellation, the Service will terminate at the end of the current billing cycle and HTL will cease any further review of the Covered Account(s). No refunds are provided.
(a) General. You must be 18 years of age or older in order to subscribe to the Service. Registration requires you to provide HTL with your name, address, telephone number, email address and payment information, and to set up your account using a user name and password that you select. You represent and warrant that all information you provide is accurate and up to date and will be kept up to date.
(b) Parent or Legal Guardian. You may register only your own child or children to be monitored under your subscription to the Service. You hereby represent and warrant that you are the parent or legal guardian of the child specified for any Covered Account to be monitored by the Service. If your child is 18 or older and you are not the child’s legal guardian by reason of disability, you must obtain your child’s consent to HTL’s collection, monitoring and review of any information obtained in connection with the child’s Covered Account, including all communications to and from such Covered Account. You acknowledge and agree that your indemnity obligations under Section 11 hereof will apply to your use of the Services to monitor information in violation of this Section 3.b.
(c) Covered Accounts. Upon registration, you must (1) identify all Covered Accounts to be monitored by the Service and (2) provide some location information. You must also provide the user name of the user for each Covered Account to be connected to the Service. The Covered Account user name used by HTL to identify the Covered Account so that it may analyze the data and online interactions in the Covered Account. For each Covered Account, you expressly authorize HTL to access, monitor, review, and store all online interactions and other communications to and from the Covered Account.
(d) Minimum Age Requirements of Third-Party Platforms. You expressly acknowledge that most third-party platforms are restricted to individuals who are 13 or older, and that, as between you and HTL, compliance with any such age requirement is your sole responsibility.
Collection of Children’s Information.
(a) Information. During your registration for the Service, HTL will collect the user name of the child associated with each Covered Account associated with your account. In connection with providing the Service to you thereafter, HTL will access and monitor communications to and from each Covered Account, which you understand and agree may include communications by or from other children. You acknowledge that HTL is collecting this information, understanding that it may include personally identifiable information for your child or other children if your child or other children are communicating personally identifiable information. However, HTL does not make any attempt to purposefully collect any personally identifiable information about you or any child.
(b) Consent. You expressly consent to HTL’s collection, monitoring and review of any information obtained in connection with a Covered Account, including all communications to and from such Covered Account.
(c) Child Privacy. You may terminate HTL’s access, monitoring, collection and/or review of any Covered Account by terminating your subscription as described above. The Site and Services do not offer any in application purchases to children under the age of 13.
Payment. At the time of registration, you authorize HTL to charge your credit card or other payment mechanism the amount of the subscription fee on a monthly basis (or annual basis, as determined by the payment plan you selected) until the subscription is cancelled.
Health, Welfare, and Safety Reporting. We provide alerts to you regarding your child's online activities. If you suspect or determine a threat to the health, welfare, or safety of any individual or entity, you should contact law enforcement or other governmental agencies to make a report. If we identify information that in our sole discretion indicates health, welfare, or safety concerns for an individual or entity, we have the right, but not the obligation, to make reports to law enforcement or other appropriate governmental agencies and you consent to our authority to do so. The foregoing consent is a condition to your use of the Services.
Alerts. HTL will endeavor to send alerts by email to your designated email address(es). You are required to maintain updated email contact information and bear all risks associated with providing HTL with inoperable or incorrect contact information.
Disclaimers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(b) HTL DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
(c) HTL MAKES NO WARRANTY THAT THE SERVICE WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE SERVICE WILL PROTECT ANY CHILDREN FROM HARM;
(d) ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM HTL’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;
(e) NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;
(f) HTL DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE SERVICE; AND
(g) IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Changes to these Terms. HTL may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Service following any modifications to these Terms, you agree to be bound by such modifications.
(a) HTL is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Service, and is the copyright owner or licensee of all content and/or information provided to you through the Service, unless otherwise indicated. Except as otherwise provided herein, use of the Service does not grant you a license to any content, features or materials you may access through the Service and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except as allowed herein or otherwise approved by us.
(b) If you make use of the Service other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Service.
(c) The information on the Service, including, without limitation, all text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
(d) Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of HTL or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
(e) The HTL logos and service names are trademarks of HTL (the “HTL Marks”). Without our prior permission, you agree not to display or use HTL Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any HTL Mark without our prior written consent.
Indemnity. You agree to defend, indemnify and hold HTL, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Service, your violation of the Terms or the posting or transmission of any materials on or through the Service by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Limitations of Liability. IN NO EVENT SHALL HTL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF HTL OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF HTL TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, ALL SUBSCRIPTION FEES PAID BY YOU TO HTL DURING THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.
Compliance with Law. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Service. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Applicable Law/Jurisdiction. You agree that the laws of the state of Delaware, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Service or the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with HTL or relating in any way to your use of the Service resides in the state and federal courts of Delaware, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Delaware.
15. Class Arbitration. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
(a) The Terms constitute the entire agreement between you and HTL and govern your use of the Service (as the case may be), superseding any prior agreements between you and HTL. You also may be subject to additional terms and conditions that are applicable to certain parts of the Service.
(b) You agree that no joint venture, partnership, employment, or agency relationship exists between HTL and you as a result of this Agreement or your use of the Service.
(c) Any claim or cause of action you may have with respect to HTL must be commenced within one (1) year after the claim or cause of action arose.
(d) The failure of HTL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
(e) You may not assign the Terms or any of your rights or obligations under the Terms without HTL’s express written consent.
(f) The Terms inure to the benefit of HTL’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Notices / Contacting Us. HTL may notify you via email. Any inquiries you may have concerning these Terms, or to provide any notice to HTL hereunder, should be directed to firstname.lastname@example.org.
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