Terms of Service
These Terms of Service (“Terms”) govern the use of an activity monitoring service (the “Service”) made available by RAADR, Inc. (“RAADR”) to each subscriber hereto (“Subscriber” or “you”). You can access the Service through the website located at www.RAADR.com and any sub domain or extension, including any sites that link to these Terms (collectively, the “Site”) or a mobile App downloaded to you mobile device (each, an “App” and, together with the Site and Service, collectively, the “Platform”).
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE PLATFORM. BY USING THE PLATFORM OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, FOUND AT HTTPS://RAADR.COM/PRIVACY-POLICY-T (THE “PRIVACY POLICY”), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM.
Without limiting the generality of the foregoing, you acknowledge, understand and agree that:
- You are subscribing to the Service, agreeing to these Terms and giving the undertakings and consents contained herein on behalf of yourself and your own child(ren) or legal dependent(s), being minor children or disabled adult(s) placed under your protection, as legal guardian, by a court or appropriate government authority (your “Dependent(s)”), whose activity and activity related to them will be monitored by the Service; and
- The Subscriber is agreeing and consenting to all these Terms and Conditions on behalf of the Subscriber and his/her personal capacity and on behalf of your Dependent (the “Subscriber Group”).
- The Subscriber / User grants RAADR Inc. permission to display content that may be vulgar, sexual, phonographic, and extremely insensitive in the form of Topics and Keywords.
All rights not expressly granted to you are reserved.
- INTRODUCTION. The Platform is a tool operated by RAADR which provides Subscribers with push notifications and alerts via the App when potential online dangers (such as cyberbullying) or potential signs of trouble (such as depression) are identified in interactions with designated social media sites or websites involving the Subscriber’s Dependent(s). For this purpose, each Subscriber is allocated an account (a “Covered Account”). The Platform includes automated review by our proprietary technologies of communications involving the Covered Account.
- THE APP. The App is designed to protect children who use social media and the internet. The App allows parents or legal guardians to monitor their children and receive alerts about bullying and other threatening behavior on the Internet in real time.
THE APP IS NOT TAILORED TO COMPLY WITH INDUSTRY-SPECIFIC REGULATIONS (HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), FEDERAL INFORMATION SECURITY MANAGEMENT ACT (FISMA), ETC.), SO IF YOUR INTERACTIONS WOULD BE SUBJECTED TO SUCH LAWS, YOU MAY NOT USE THIS APP. YOU MAY NOT USE THE APP IN A WAY THAT WOULD VIOLATE THE GRAMM-LEACH-BLILEY ACT (GLBA).
- SUBSCRIPTION, CANCELLATION. The Service is offered on a subscription basis to the Subscriber on a cost-free basis. The term of a Subscription is month-to-month and automatically renews at the end of each month for the next succeeding month, unless you cancel the subscription. To cancel the subscription at any time, please navigate to the “Account” page on our website. Upon cancellation, the Service for all Subscribers will terminate immediately and RAADR will cease any further review of the relevant Covered Account(s).
- SUBSCRIPTION DATA. When signing up for an account, you will be required to provide RAADR with certain personally identifiable information about you (“Subscriber Data”) and about the Dependent (“Dependent Data”), as further described in Section 7 below. THE SUBSCRIBER HEREBY AGREES THAT SUCH SUBSCRIBER SHALL NOT DISCLOSE TO, OR OTHERWISE PROVIDE TO RAADR: (1) ANY DEPENDENT DATA THAT SUCH SUBSCRIBER DOES NOT HAVE THE LEGAL RIGHT, POWER AND AUTHORITY TO DISCLOSE TO RAADR; (2) ANY OTHER INFORMATION OR DATE THAT SUCH SUBSCRIBER DOES NOT HAVE THE LEGAL RIGHT, POWER OR AUTHORITY TO DISCLOSE TO RAADR.
- SCOPE OF LICENSE. Pursuant to your continued compliance with these Terms, you are given a non-transferable, non-exclusive, non-sub licensable license (the “License”) to install and use any App (as the case may be) on any device that you own or control. The License will also govern any updates of any App provided by RAADR that replace, repair, and/or supplement such App, unless a separate license is provided for such update in which case the terms of that new license will govern.
- ACCEPTABLE USE POLICY
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, including any solicitation or attempt whatsoever to obtain Dependent Data.
- To impersonate or attempt to impersonate RAADR, a RAADR employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm RAADR or users of the Platform, or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Deliver, provide or otherwise share with RAADR any Dependent Data that you do not have a legal right to share.
- Attempt to interfere with the proper working of the Platform in any manner.
- REGISTRATION
- General. A Subscriber must meet the following conditions to subscribe for a Covered Account: (i) be 18 years or older and (ii) the parent or legal guardian of a Dependent specified in a Covered Account. Registration requires you, as parent or legal guardian, to provide RAADR with Subscriber Data and Dependent Data, including but not limited to, name, address, telephone number and email, and to set up the account using a username 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.
- Parent or Legal Guardian. You may register only your own Dependent(s) to be monitored under your subscription to the Service. If the Dependent is 18 or older and you are not the child’s legal guardian by reason of disability, you may be permitted to subscribe for the Service on behalf of your Dependent to be monitored under the subscription to the Service only if: (i) you have obtained their prior, written consent to do so, (ii) you notify RAADR of such request in accordance with the notice provision herein, and (iii) you obtain RAADR’s prior written approval for the continuation of such subscription, signed by a duly authorized officer of RAADR. You acknowledge and agree that your indemnity obligations under Section 20 hereof will apply to your use of the Services to monitor information in violation of this Section 7.b.
You hereby represent and warrant to RAADR that:
- You are the parent or legal guardian of any Dependent that you add to a Covered Account.
- You have the full legal right, power and authority to provide the Dependent Data to RAADR.
- You have the full legal right, power and authority to provide any information or other date that you provide to RAADR.
- Covered Accounts. Upon registration, you must (i) identify each Dependent to be monitored by the Platform, and (ii) provide some location information regarding you and the Dependent. You must also provide the name of the third-party service (such as Gmail, Facebook or Twitter) and the username and password of the Dependent for each Covered Account to be connected to the Platform. Such user name must not be the Dependent’s actual name or any nickname by which their identity could be determined by any third party. The login information of the Covered Account is used to establish RAADR’s access to the online interactions in the Covered Account. In respect of the Covered Account, the Subscriber Group expressly authorizes RAADR and its Service Providers (as defined in Section 20 below) without further notice to the Subscriber or any party to the communication, to (i) access, monitor, review, and store all online interactions and other communications to and from the Covered Account and (ii) compile and transmit alerts to the Subscriber as contemplated in Sections 1, 12 and 13.
- Minimum Age Requirements of Third-Party Platforms. The Subscriber expressly acknowledges that most third-party platforms are restrict their users or subscribers to individuals who are 13 or older, and that, as between the Subscriber and RAADR, compliance with any such age requirement is the Subscriber’s sole responsibility.
- TECHNICAL REQUIREMENTS. RAADR will endeavor to keep any released App updated so that it complies with modified/new versions of your device’s firmware and hardware. You are not granted rights to claim such an update. You acknowledge that it is your responsibility to confirm and determine that the device on which you intend to use any App satisfies the technical specifications required by such App. RAADR reserves the right to modify the technical specifications as it sees appropriate at any time.
- MAINTENANCE AND SUPPORT. RAADR is solely responsible for providing any maintenance and support services for all Apps. You can reach RAADR at help@raadr.com. You acknowledge and agree that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to any App.
- USE OF DATA. You acknowledge and agree: (i) that RAADR will be able to access and adjust your downloaded App content and your Subscriber Data and Dependent Data, and (ii) that RAADR’s use of such material and information, including but not limited to, the Subscriber Data and the Dependent Data, is hereby subject to and governed by the Privacy Policy, which is incorporated by reference https://www.RAADR.us/privacy.
- COLLECTION OF DATA.
- Information. During registration for the Platform, RAADR will collect certain Subscriber Data and Dependent Data associated with a Covered Account. In connection with providing the Service thereafter, RAADR will access and monitor communications to and from such Covered Account, which the Subscriber Group understands and agrees may include communications by or from other minor children. RAADR also collects certain location information regarding the Dependent(s) associated with each Covered Account (including general location).
- Consent. The Subscriber Group expressly consent to the following:
- RAADR’s collection, monitoring and review of any information obtained in connection with a Covered Account, including all communications to and from such Covered Account. In furtherance of the foregoing, for your subscription to the Service, you must provide an email address or telephone number to be used to contact you.
- RAADR’s collection and processing of information in accordance with its Privacy Policy, located at: https://www.RAADR.us/privacy, or such other URL as may be provided by RAADR from time to time.
- HEALTH, WELFARE, AND SAFETY REPORTING. In the event that the Platform provides alerts to you regarding the Dependent’s online activities and if you suspect or determine a threat to the health, welfare, or safety of any individual or entity, you should contact local 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 the Subscriber Group hereby consents to our authority to do so. The foregoing consent is a condition for the use of the Platform.
- ALERTS. In the event the Platform provides alerts to you, the App will send alerts by push notification to your mobile device(s) (if properly configured). You are required to maintain contact information and bear all risks associated with providing RAADR with inoperable or incorrect contact information.
- THIRD PARTY INFORMATION. In the event that you receive an alert containing any third-party Subscriber Data or Dependent Data, you shall immediately permanently and irretrievably delete such data and request that RAADR do the same (or as soon as reasonably possible, time being of the essence) upon receipt thereof. You furthermore undertake not to (i) use such personal information for any unlawful purpose whatsoever or (ii) contact or otherwise communicate or attempt to communicate with any third party, including the third party to whom such personal information relates, regarding the content of such alert.
- USER GENERATED CONTRIBUTIONS. The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Platform and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the App and these Terms.
- You have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any use of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Platform.
- DISCLAIMERS. THE SUBSCRIBER GROUP EXPRESSLY ACKNOWLEDGES AND AGREES THAT:
- THE PLATFORM 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;
- RAADR DOES NOT WARRANT THAT THE PLATFORM WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
- RAADR MAKES NO WARRANTY THAT THE PLATFORM WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE PLATFORM WILL PROTECT ANY DEPENDENT OR THIRD PARTY FROM HARM;
- ANY INFORMATION OBTAINED THROUGH USE OF THE PLATFORM 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 RAADR’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;
- 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;
- RAADR DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE SERVICE; AND
- IF YOU ARE DISSATISFIED WITH THE SERVICE, THE SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
- CHANGES TO THESE TERMS. RAADR may modify these Terms from time to time without your prior consent. 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 the 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 the Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Platform following any modifications to these Terms, the Subscriber Group agrees to be bound by such modifications.
- CONTRIBUTION LICENSE. By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform by linking your account from the Platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the App. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (i) to edit, redact, or otherwise change any Contributions; (ii) to re-categorize any Contributions to place them in more appropriate locations in the App; and (iii) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
- PROPRIETARY RIGHTS.
- RAADRis the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Platform, and is the copyright owner or licensee of all content and/or information provided to you through the Platform, unless otherwise indicated. Except as otherwise provided herein, use of the Platform does not grant you a license to any content, features or materials you may access through the Platform 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 Platform is strictly prohibited, except as allowed herein or otherwise approved by us.
- If you make use of the Platform 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 Platform.
- The information on the Platform, including, without limitation, all text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law
- Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of RAADR or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
- The RAADR logo(s) and service names are trademarks of RAADR (the “RAADR Marks”). Without our prior permission, you agree not to display or use RAADR Marks in any manner. Nothing on the Platform should be construed to grant any license or right to use any RAADR Mark without our prior written consent.
- INDEMNITY. The Subscriber Group agrees to defend, indemnify and hold RAADR, its directors, officers, employees, agents, affiliates and Service Providers (as defined below) 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 Subscriber’s use of the Platform, your violation any of the representations, warranties or covenants contained in these Terms, or the posting or transmission of any materials on or through the Platform by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right or violates applicable law, or the unlawful use or disclosure by you of any third party personal information. For purposes of these Terms, the term “Service Providers” refers collectively to RAADR’s affiliates, resellers, referral partners, content providers and service providers who provide services to RAADR in connection with its marketing, sale or provision of the Platform, as well as any other third-party that is authorized by RAADR to distribute RAADR products and/or services on a stand-alone basis or integrated into a third-party device.
- LIMITATIONS OF LIABILITY. IN NO EVENT SHALL RAADR, ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR (a) 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 PLATFORM, 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 RAADR OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) AGGREGATE DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE PLATFORM EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO RAADR. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND/OR THE SUBSCRIBER.
- LIABILITY CONTINUED. RAADR’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), RAADR shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
RAADR takes no accountability and responsibility in case a subscriber shares, sells, or solicits ANY of the results from the RAADR parental monitoring app or app platform & services gathering images of children, or any of the child’s friends, to anyone other than the Subscriber and spouse. Furthermore, RAADR takes no accountability and responsibility in case a Subscriber adds Dependents to their Covered Account that they are not related to by birth or adoption or other legal grant of right.
RAADR takes no accountability and responsibility in case a subscriber uses the App or the Platform to do anything other than monitor their child or children for cyberbullying, online harm, threats, suicidal behaviors, and negative and harmful social media etiquette. For the avoidance of doubt, you and RAADR acknowledge and agree that the Platform is not intended to function as a suicide prevention tool and that RAADR makes no representations or warranties regarding its utility as such a tool.
- PRODUCT WARRANTY.
- For a period of ninety (90) days from the download date of an App, RAADR warrants that such App will be free of spyware, Trojan horses, viruses or any other malware at the time of your download. RAADR warrants that such App works as described in the user documentation.
- No warranty is provided for the App that is not executable on the device, that has been modified without RAADR’s consent, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of RAADR‘s sphere of influence that affects the function of the App.
- You are required to inspect the App immediately after installing it and to promptly notify RAADR about issues discovered by e-mail to help@raadr.com. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.
- If we confirm that the App is defective, RAADR reserves a choice to remedy the situation either by means of solving the defect or substitute delivery. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable marketplace by which you obtained the App (e.g. Apple Store or Google Play Store), and your App purchase price will be refunded to you, if applicable. For the avoidance of doubt, the App purchase price to be refunded shall not include the price paid for a subscription for the Services. To the maximum extent permitted by applicable law, the applicable marketplace will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
- PRODUCT CLAIMS. You and RAADR acknowledge that RAADR, and not the marketplace through which you obtained the App, is responsible for addressing any claims of the Subscriber or any third party relating to the licensed App or the Subscriber’s possession and/or use of that licensed App, including, but not limited to:
- product liability claims;
- any claim that the licensed App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation, including in connection with your App’s use of any third-party software or applications.
- LEGAL COMPLIANCE.
- You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- CONTACT INFORMATION.
- For general inquiries, complaints, questions or claims concerning the licensed App, please contact:
RAADR, Inc.
7950 E REDFIELD RD., UNIT 210
Scottsdale, AZ 85260 United States
Email: help@raadr.com
- TERMINATION. The license is valid until terminated by RAADR or by you. Your rights under this license will terminate automatically and without notice from RAADR if you fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the App, and destroy all copies, full or partial, of the App.
- COMPLIANCE WITH LAW. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Platform. 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 and the Dependent reside.
- APPLICABLE LAW/JURISDICTION. The Subscriber Group agrees that the laws of the State of Arizona, in the United States, excluding its conflicts-of-law rules, shall govern these Terms, except as otherwise set forth in the State-Specific Provisions (to the extent applicable to the Subscriber Group). Please note that your use of the Platform may be subject to other local, state, national, and international laws. The Subscriber Group expressly agrees that exclusive jurisdiction for resolving any claim or dispute with RAADR or relating in any way to your and/or the Subscriber’s use of the Service resides in the state and federal courts of Arizona, and the Subscriber Group further agrees and expressly consents to the exercise of personal jurisdiction in the state and federal courts of Arizona.
- CLASS ARBITRATION. The Subscriber Group agrees as follows: 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 administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in the state of Arizona. 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 Terms to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms do 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.
- MISCELLANEOUS.
- These Terms constitute the entire agreement between you, the Dependent and RAADR and govern your use of the Platform, superseding any prior agreements between or among you, the Dependent and/or RAADR. The Subscriber Group may also be subject to additional terms and conditions that are applicable to certain parts of the Service.
- The Subscriber Group agrees that no joint venture, partnership, employment, or agency relationship exists between or among RAADR, you and/or the Dependent as a result of these Terms or your and your use of the Service.
- Any claim or cause of action you or the Dependent may have with respect to RAADR must be commenced within one (1) year after the claim or cause of action arose.
- The failure of RAADR 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.
- The Subscriber and the Dependent (as applicable) hereto may not assign the Terms or any of its respective rights or obligations under the Terms without RAADR’s express prior written consent.
- The Terms inure to the benefit of RAADR’s successors, assigns and licensees and to the Subscriber’s and the Dependent’s (as applicable) successors, permitted assigns and permitted licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
- Except for the provisions benefiting RAADR’s Service Providers in Section 20 hereof, which provisions shall be directly enforceable by RAADR Service Providers, or as otherwise specifically set forth herein, the provisions of these Terms do not confer any rights or remedies upon any person or entity other than the Subscriber Group, RAADR and such party’s respective successors and permitted assigns.
- If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
- Subscriber agrees not share, sell, or solicit ANY of the results from the RAADR Platform or images of their child or children, or any of the child’s friends, to anyone other than the Subscriber and such Subscriber’s spouse or other legal equivalent.
- Subscriber agrees that any child or children they add to the RAADR Platform are related by birth, adoption or other legal right to the Subscriber.
- Subscriber agrees they will only use the Platform for the use of monitoring Dependent for cyberbullying, online harm, threats, suicidal behavior and negative and harmful social media etiquette.