OCM End-User Legal Agreement

 

User Legal Agreement

This terms of service is a legal contract between you and Support King, LLC (www.oneclickmonitor.com), governing your use of mobile or web services or mobile or web software ("OneClickMonitor Service") owned, controlled or offered by OneClickMonitor Service.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE ONECLICKMONITOR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING THE ONECLICKMONITOR SERVICES IMMEDIATELY.

LICENSE GRANT

All OneClickMonitor services are licensed to you and not sold. OneClickMonitor grants you a personal, non-exclusive, non-transferable service and non-sub licensable license to use the OneClickMonitor service only for your personal or internal business use. You will retain all ownership rights of the User Data that you transfer to or through OneClickMonitor for data protection.

LEGAL AGREEMENT

You agree to obey all the applicable laws of your country with regards to the use of the OneClickMonitor software. You must own the smartphone/device or have written permission from the owner of the smartphone/device before downloading, installing, or activating OneClickMonitor software on that device. The user of the smartphone/device must have knowledge that you are monitoring their personal data. OneClickMonitor assumes no responsibility if you install, download and activate OneClickMonitor software on a smartphone ("mobile phone", "Cell Phone") or any other device without the knowledge and permission of its Legal owner. OneClickMonitor is designed for monitoring your children, employees, or other consenting adults on a Smartphone/device you own. You must notify users of the mobile phone or device that they are being monitored by the OneClickMonitor service, failure to do so may result in the breaking of your country’s laws and regulations. If you install OneClickMonitor service software onto a phone / device of which you do not own, or have permission granted by the owner of the device; we will fully cooperate with law officials to the fullest extent possible. You agree that OneClickMonitor is not responsible for, nor accepts any liability for any misuse or damages. As soon you download, install or active OneClickMonitor service, you agree to obey all the laws of your country and assume all responsibility in the way and manner you use OneClickMonitor.

Terms of Use

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

1. Use the OneClickMonitor Services for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, stalking, and import or export control;

2. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the OneClickMonitor Services, features that prevent or restrict use or copying of any content accessible through the OneClickMonitor Services, or features that enforce limitations on use of the OneClickMonitor Services;

3. You will not install the OneClickMonitor sofware service, without the device’s adult user’s knowledge and consent. Intentionally interfere with or damage operation of the OneClickMonitor Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

4. Post, store, send, transmit, or disseminate any information or material which infringes any human rights, patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or

5. Use any robot, spider, scraper or other automated means to access the OneClickMonitor Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the OneClickMonitor Services or modify the OneClickMonitor Services in any manner or form, nor to use modified versions of the OneClickMonitor Services, including (without limitation) for the purpose of obtaining unauthorized access to the OneClickMonitor Services.

6. Sell or transfer or allow another person to access your account password or OneClickMonitor Services account

7. Download, Install or Activate OneClickMonitor on a smartphone that is not owned by you or to which you do not have express authorization and consent to use.

8. Breach the federal, state, local and governmental laws of your country by downloading, installing or activating OneClickMonitor Software on someone's smartphone or device without their express consent or for illegal/ non-authorized purposes.

9. Collect data using OneClickMonitor software from a smartphone, which is not owned by you without the knowledge and consent of the owner/user of the smartphone/device.

Subscriptions

1. To subscribe to the OneClickMonitor service (hereinafter referred to as "the service" or "the OneClickMonitor service"), you will need to place a OneClickMonitor order or make a OneClickMonitor purchase.

2. The service provides the defined products to be ordered by a user. The products' packages depend on your device, the quantity of features you select, and any additional subscription plan options or customer support options you may choose to order.

3. Your OneClickMonitor account may have several subscriptions.

4. When placing your order, you should complete the billing information and the payment method by providing your personal information

5. After you purchase the OneClickMonitor software or OneClickMonitor service, your credentials (including but not limited to your login and password) will be sent to your email so you can access your OneClickMonitor service, including your account dashboard and control panel.

6. You should download your private encryption key from your control panel or receive it to the email indicated in your subscription. Keep or remember this private encryption key as it may be required to restore access to your account and subscriptions in the future.

7. You may choose from three different OneClickMonitor subscription options, including 1 month, 3 month, and 12 month plans.

8. You are aware that you may use the software and/or the OneClickMonitor service for more than one target device at a time when purchasing one subscription plan, but you have to reinstall it on your own each time you switch.

9. Your subscription will automatically renew unless you de-select the auto renew option at least 24 hours prior to the end of your current OneClickMonitor subscription period.

10. If you do not de-select the auto renew option, then your provided payment method will be charged for the next subscription plan period. You can take the auto renew option on or off at any point during your subscription period. Visit your OneClickMonitor control panel or account to alter your automatic renewal preferences.

11. You may never use another user's account without their explicit permission. When creating your account, you must provide us with accurate and complete information.

12. You are exclusively responsible for any activity that occurs on your OneClickMonitor account. It is your responsibility to keep your account access information secure and to prevent unauthorized access to your account by any third parties.

13. You may not share or transfer any OneClickMonitor account, OneClickMonitor software, and/or OneClickMonitor subscription. You agree that you will keep from disclosing your password to anyone else.

14. You must notify OneClickMonitor immediately of any breach of security or unauthorized use of your account. Notify OneClickMonitor immediately if you believe your account information and/or access credentials may have been compromised.

15. OneClickMonitor will not be liable for any losses caused by any unauthorized use of your account by any third party, unauthorized individual, and/or unauthorized organization.

16. You may interact with the OneClickMonitor service and the OneClickMonitor software through your account dashboard and control panel by changing settings that are made available to you. You are permitted to enable or disable auto renew for your OneClickMonitor subscription.

17. You are legally responsible for all activities that occur under your OneClickMonitor account.

18. You agree not to create or access a OneClickMonitor account using a false identity or information, or to access an account on behalf of someone other than yourself.

19. You agree not to create an account or use the OneClickMonitor service and/or OneClickMonitor software if your account has been previously removed by OneClickMonitor, or if you have been previously banned from using OneClickMonitor for any reason.

20. You are permitted to cancel any OneClickMonitor account you own at any time. Follow the instructions on the OneClickMonitor website to cancel any account subscription registered to you.

21. If you voluntarily terminate a OneClickMonitor account or allow that account to lapse, then you may reactivate that account at any time through the control panel on the OneClickMonitor website. Accounts terminated by OneClickMonitor for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason and under any circumstances. Upon any termination or suspension of the OneClickMonitor service, the monitoring of all devices on which the OneClickMonitor software is installed shall cease, and any information you have submitted on the site or that which is related to your account may no longer be accessed by you.

22. In case you forgot your password to the account, you are permitted to restore access with your private encryption key.

Security

1. OneClickMonitor cares about the integrity and security of your personal information. We will take all reasonable precautions to safeguard customer information, including but not limited to contact information, personally identifiable information (PII), and payment details.

2. You acknowledge that you provide your personal information to the payment provider when placing your order for the OneClickMonitor software and related OneClickMonitor services or subscriptions.

3. OneClickMonitor receives the personal information of a user from the payment provider consisting of the user's ID and email (login). Only the user knows his or her password, and OneClickMonitor and/or the payment provider does not know the user's password.

4. OneClickMonitor uses its database to store your encrypted personal information. OneClickMonitor does not have direct access to this encrypted data.

5. OneClickMonitor is not responsible for any third party data leaks, memory leaks, or other data integrity problems in our databases.

6. You agree that you are obligated to retain the private encryption key provided to you by OneClickMonitor.

7. OneClickMonitor stores the user's login information in our database. The user's password is not stored. OneClickMonitor only stores a hash of the password generated by the md5 hash function from user's passwords.

8. OneClickMonitor does not collect downloaded logs and data from a target device (i.e. a device on which the OneClickMonitor software is installed) in case of an active account older than 3 (three) months. Additionally, OneClickMonitor does not collect downloaded logs and data from a target device with the use of the software in case of an expired account older than 1 (one) month.

9. OneClickMonitor does not store in its database all logs and data downloaded from a target device with the use of the OneClickMonitor software in case of an active account for more than 3 (three) months. Upon the expiry of this period, all information will be deleted. In case of expired accounts, all logs and data downloaded from a target device with the use of the OneClickMonitor software will get deleted with a 1 (one) month period.

10. In case of disclosure of such encrypted data, including any logs, personal information, contact information, and/or payment information, OneClickMonitor will not be held responsible.

11. OneClickMonitor does not control, monitor and/or is not aware of the reason a user exploits the OneClickMonitor software application, and OneClickMonitor may not be held responsible for any such use thereof. It is a user's risk and responsibility to use the software according to the ToU and all applicable documentation. OneClickMonitor is not responsible for any unauthorized use and/or improper access of the OneClickMonitor software.

12. You acknowledge that OneClickMonitor does not encourage its users to exploit the OneClickMonitor service unauthorized or illegally.

VIOLATIONS; TERMINATION

You agree that OneClickMonitor may terminate or suspend your access to the OneClickMonitor Services account, dashboard and/or control panel without prior notice and without liability if such termination or suspension is based on

a)     OneClickMonitor’s good faith belief that you have violated any of the terms and conditions of this Agreement,

b)     OneClickMonitor’s determination that you repeatedly infringe or have infringed the copyrights and privacy of others,

c)     A written request by a law enforcement authority as part of an investigation.

d)     Extended periods of inactivity with respect to any of the OneClickMonitor Services or

e)     Non-payment of any fees owed to OneClickMonitor.

a.     These remedies are in addition to any other remedies OneClickMonitor may have at law or in equity.

INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold harmless OneClickMonitor, its agents, staff, affiliated companies and its suppliers and partners (including, without limitation, OneClickMonitor's wireless carrier partners) from any and all claims, suits, actions, losses, costs, damages and any other liabilities, including attorneys' fees, arising out of or related to

(a)   your use or misuse of the OneClickMonitor Services,

(b)   any violation of the rights of any other person or entity by you, or

(c)   any breach or violation by you of this Agreement. OneClickMonitor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

LIMITATION OF LIABILITY AND DAMAGES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ONECLICKMONITOR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, ONECLICKMONITOR'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE ONECLICKMONITOR SERVICES, EVEN IF ONECLICKMONITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ONECLICKMONITOR (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, ONECLICKMONITOR'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE ONECLICKMONITOR SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS LESS.

RESERVATION OF RIGHTS

The OneClickMonitor Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of OneClickMonitor or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the OneClickMonitor Services is granted to you, whether by implication, estoppel or otherwise.

RESTRICTIONS

You acknowledge and agree that you will not:

(a)   reproduce or attempt to reproduce the OneClickMonitor Software;

(b)   modify, adapt, translate or create any derivative works of the OneClickMonitor Software or attempt to do the foregoing;

(c)   attempt to circumvent or disable the OneClickMonitor Software or any technology, features or measures in the OneClickMonitor Software by any means or in any manner;

(d)   attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the OneClickMonitor Software;

(e)   distribute, encumber, sell, rent, lease, sub-license, or otherwise transfer, publish or disclose the OneClickMonitor Software to any third party;

(f)     use for a service bureau or otherwise commercialize or attempt to commercialize use of the OneClickMonitor Software; or

(g)   remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the OneClickMonitor Software or used in connection with the OneClickMonitor Software

USER DATA AND LOCATION DATA

The OneClickMonitor Services may allow the submission of content and materials by you ("User Data"), and the hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for your own User Data and the legal consequences of storing or transmitting them.

OneClickMonitor assumes any data that is uploaded using the OneClickMonitor service purchased by you is your data and hence will not be liable for anything that happens to that data.

OneClickMonitor assumes no responsibility whatsoever in connection with or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. OneClickMonitor does not endorse and has no control over the content of User Data submitted by other Users. OneClickMonitor reserves the right to prevent you from submitting User Data and to restrict or remove User Data for any reason at any time. In addition, certain OneClickMonitor Software may use data received or obtained from your wireless device to determine your location ("Location Data"). By using the OneClickMonitor Services, you hereby consent and permit OneClickMonitor to use Location Data in accordance with the terms of our Privacy Policy. OneClickMonitor does not make any representation, warranty or guarantee of accuracy, completeness or timeliness with respect to any Location Data.

MODIFICATION OF THIS AGREEMENT

OneClickMonitor may modify this Terms of Use from time to time. Any and all changes to this Agreement will be posted on the oneclickmonitor.com site, and you agree to be bound by any changes to the Terms of Use when you continue to use the OneClickMonitor Services after those changes are posted.

REFUND POLICY

This Refund Policy applies to your purchase of a OneClickMonitor Subscription. Subject to applicable law, the terms and conditions contained in this Refund Policy, and any other applicable terms and conditions & disclaimers contained in the Terms of Use, you may be eligible to receive a full refund of the price you paid for your Subscription, ONLY if you submit a refund request within fourteen (14) days of your Purchase in accordance with the requirements set forth herein.

One Click Monitor does not issue refunds under certain circumstances. Such circumstances include, but are not limited to, all the conditions located at https://oneclickmonitor.com/refund-policy/

NOTE: The One Click Monitor service does NOT require jailbreaking an iPhone or rooting an Android device. If you are unsure whether your Subscription is functioning properly, please contact us immediately for support. If you properly submit a refund request to us, we will process it immediately, but please allow five (3) – ten (10) business days for any refund to be reflected in your account.

DISCLAIMER:

OneClickMonitor software is designed for ethical monitoring by parents who wish to monitor their underage children, by employers who wish to monitor their employees with their written consent, or by an adult who wishes to monitor device activity of another consenting adult. The buyer of the OneClickMonitor software must own the smartphone/device, be a legal guardian or must have consent from their employees or other adult granting them permission to monitor BEFORE they install and activate the OneClickMonitor software onto the smartphone/device.

OneClickMonitor software must not be used to 'Stalk' or 'Spy' anyone. OneClickMonitor software must not be used to monitor the smartphone/device activity of a spouse, girlfriend, boyfriend, child over 18 without their express written consent.

If you attempt to use OneClickMonitor software to monitor a smartphone/device you do not own or do not have proper consent to do so by the owner/user of the smartphone/device, you may be breaking federal and state, local laws in your country. In such case we will cooperate with the law officials to full extent.

OneClickMonitor software does not assume any liability for any misuse or damages caused by our OneClickMonitor software. It is the responsibility of the buyer to obey all laws of their country and use OneClickMonitor software legally and responsibly.

You are taking full responsibility of using OneClickMonitor for legal purposes and are not breaking any federal or state laws. It is the responsibility of the user of OneClickMonitor to ascertain, and obey, all applicable laws in their country in regard to the use of OneClickMonitor. It is the final user's responsibility to follow all the laws in their country and OneClickMonitor will not be held accountable for any illegal use of the product. By downloading and installing OneClickMonitor, you pledge that OneClickMonitor bears no responsibility from here on forth. Logging other people's SMS messages and other phone activity or installing OneClickMonitor on another person's phone without their knowledge can be considered as an illegal activity in your country. It is the user's responsibility to carry out research regarding their country's laws before buying OneClickMonitor. By purchasing, downloading, installing or activating OneClickMonitor, you hereby agree to the above.

PRIVACY POLICY:

The OneClickMonitor Monitoring Product or Service may only be used for legitimate and lawful purposes by authorized users, and you are hereby notified that installing or using the OneClickMonitor Monitoring Product or Service for any other purpose may violate local, state, and/or federal law.

This Privacy Policy describes how your information is collected, used, and disclosed by OneClickMonitor (”OneClickMonitor.com,” “OneClickMonitor, “we,” “us,” or “our”) in connection with your use of our website, located at www.OneClickMonitor.com (“Website”) and our services.  It also describes the choices available to you regarding our use of your personal information. To review the complete Privacy Policy, your must visit https://oneclickmonitor.com/privacy-policy/

DATA SECURITY & RETENTION

To ensure the absolute security of your data, we recommend you download your data regularly & delete it from your account portal. We automatically delete all data that is more that 90 days old. We hold no back up for your private data so deleting your information makes it permanently inaccessible by anyone including OneClickMonitor and its staff.

Visit our contact page for support at https://oneclickmonitor.com/support/