Welcome do ScreenGuide. This Terms of Service (“TOS”) is a legal agreement between you and Mosyle Corporation (“we” or “us”), the company that owns and operates the http://screen.guide website (“Site”) and the ScreenGuide mobile application (“ScreenGuide App”), on which we provide a service (“Service”) that enables parents or guardians to monitor, analyze, and manage how the children in their care use their mobile devices.
You are free to reject these Terms, but that means that you cannot use our Services in any way. This Agreement is in full effect while you use ScreenGuide’s Services in any way.
For the purposes of these Terms, the term “Users” refers to registered parents or guardians of the ScreenGuide App, and “Monitored Users” refers to children and other users of mobile devices that will be monitored by Users.
We hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to download and install the ScreenGuide App on device(s) you own or control in accordance with your subscription level, and to access and use ScreenGuide’s Services. ScreenGuide is for personal use only and shall not be used for commercial purposes under no circumstances. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the ScreenGuide’s Services in breach of the terms set forth herein. We retain all right, title and interest in and to the ScreenGuide App and Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The ScreenGuide App and Services are protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from us.
2. Your account.
You may not use the Services with any purpose different than monitor, analyze, and manage how your children (under 18) or children for whom you are the legal guardian, use their mobile devices, including but not limited to:
4. Representations and Warranties:
The Services are made available to you in reliance upon the following representations and warranties: (i) The information you provided when creating your account was complete and accurate in all respects; (ii) You are over the age of eighteen (18) and are establishing this account to monitor the mobile device usage of your own children for whom you are the legal guardian; (iii) you will use the Services only for its intended purpose; (iv) you will not use the Services for the purpose of violating any statute, rule, or regulation; (v) you will not use the Services to facilitate the distribution of computer viruses, spyware, or any other malicious code; (vi) you will not use the Services App to violate the privacy rights of any third party; and (vii) you will not use the Services App in any manner other than as described herein.
5. Using the Services. To utilize the Services, you must create an account (“Account”) by providing your email address and password. We will also request that you provide us with any nickname of your choice, and a name for your family, as well as a nickname of your choice, gender and dates of birth of the children whose mobile device use you intend to monitor. After you establish your account, the following terms apply to your use of the Service:
6. No Warranty.
The Services are provided on an "as is" and "as available" basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection of the ScreenGuide’s Services to achieve your intended results. EXCEPT AS OTHERSISE SPECIFIED HEREIN, WE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION CONCERNING THE ACCURACY OF THE SERVICES. IF YOU RELY ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION YOU OBTAIN VIA YOUR USE OF THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply to you.
7. Limitation of Liability.
In no event we shall be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Services, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond our control; (b) any delays in or failure of the Services to operate as described; (c) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers; (d) any damages that may occur to a telephone or other mobile device that results from the use of the Services; (e) damages or losses of any kind resulting from actions you take in reliance upon any results or other information provided by the Services; and (f) any other damages or losses you may incur in connection with the Services. IN NO EVENT SHALL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.
You are solely responsible for using our Services in accordance with applicable law, and agree to indemnify, hold harmless, and defend us, together with our officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against us by any third party or regulatory agency that are associated with your use of the Services (including, but not limited to, invasion of privacy claims), and you expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by us in connection with any Claim subject to this section.
9. Governing Law:
This Agreement shall be governed by the laws of the State of California without giving effect to principles of conflict of laws, thereunder, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. Any action to enforce this Agreement or any matter relating to your use of the Services provided in this Agreement shall be brought exclusively in the Superior Court in Santa Clara County, California, or if there is no jurisdiction in such court, then in the United States District Court for the Central District of California. 10.Limitation of Actions. Any claim or cause of action arising out of your use of the Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
11. Modification and Notice of Changes:
We reserve the right to change, modify, add or remove portions of these Terms, without advance notice to you. We will notify you of any such changes by posting a notice on our website, ScreenGuide App, and/or via email. The new Terms will reference the effective date at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
12. Entire Agreement.
These Terms and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between us.
If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.
We reserve the right to take any action it deems appropriate if we determine, in our sole and absolute discretion, that you have violated these Terms. Such action may include cancelling your account, terminating your license to use the Services, or initiating civil or criminal legal proceedings. If you have any questions or concerns regarding these Terms, please contact us.