Please read the terms and conditions of using the Avosmart platform in detail

The present terms ("Terms") govern your access to and use of the Services (pursuant to the definition below) provided by Avosmart ("Licensor", "Avosmart", "Avosmart.com" or "we") to home users of the Services ("User", "Parent") provided on the avosmart internet domain at: https://avosmart.com and https://app.avosmart.com

The User hereby acknowledges having read, understood and accepted the present Terms and Conditions which were made available to the User before starting to make use of the Service. The present Terms (including the Privacy Policy) also apply to the Windows version of the platform and the Avosmart application which is available in the relevant app store.

By using the Service, the User accepts the notices, operating rules, and instructions provided to the User by Avosmart upon prior acceptance of the present Terms. Non-acceptance of the above means the termination of the use of the Service without the possibility of registration.

Registration and installation of the control application on a protected device

The User undertakes to inform the person, the recipient, who uses the device on which the Avosmart software is installed that the device activity of the person is being monitored. Full activity of the protected device is transferred to the parent's panel, including screenshots and live preview.

Avosmart reserves the right, for any reason, at its sole discretion and without prior notice, to terminate, modify, suspend or discontinue any aspect of the Site, including but not limited to information, data, text, photos, graphics, videos, messages or other materials, and the app's basic functions, including parent's panel, and we are not responsible to You or third parties for this. We may also impose rules and restrictions on the use of the Website or restrict access to some parts of the Website or the entire Website, without prior notice and penalty.

About Avosmart

Avosmart makes the user's devices safe by means of functions that aim to filter and control the content of websites, limit access to computer and mobile applications according to the selected parent's settings, or limit access to videos viewed on Youtube, as well as check the child's location. Avosmart is intended for parents who want to use this platform to control and protect children in the digital world by monitoring their activity on computers, tablets and mobile devices.

Avosmart provides the possibility of monitoring social media, but only through screenshots of activity on the phone, tablet or computer. Screenshots are stored locally on the protected device, and the parent has access to them only when the device is turned on.

In order to monitor the videos viewed by the child on Youtube, we use API Youtube v3. The terms of use are available at: https://www.youtube.com/static?gl=GB&template=terms. The user agrees to the terms of use of the Youtube service.

In order to enable the user to monitor and control the use of devices such as  computer, laptop, phone or tablet, Avosmart allows the user to set the level and degree of monitoring of devices related to the Account, the user profile, the child. The services also include optional services that enable safe navigation and search. They are designed to enable parents to control the use of those devices by their Users to the extent permitted by applicable law and without violating the rights of other persons (including the basic rights of Users) or other applicable regulations.

The User is fully responsible for the use of the management panel and the processing of personal data related to the User's Account, including collecting, storing and analyzing Users' personal data, web browsing statistics, applications, screenshots, screen preview. The Avosmart platform automatically implements a configuration and instructions provided by the user and is not responsible for the configuration in the parent's panel.

The User, Parent, guarantees to:

(a) be over 18 years of age,
(b) be the owner of the Devices on which the Avosmart Software is to be installed,
(c) having informed users of the device that it will be monitored.

Avosmart disclaims all liability for any unlawful use of the Service.

The Avosmart software and the Platform - Avosmart management panel, are still developing tools and we reserve the right to modify or temporarily suspend the Service at any time and for any reason.

Notice of any suspension will be made in accordance with the present Terms.

We reserve the right to refuse to provide the Service to anyone for any reason.

We reserve the right to introduce any limits in the provision of the service, in particular: the use of location, maps and access to the activity on Youtube.

Avosmart is not responsible for any technical problems related to the device on which it is installed. This also applies to destruction or complete lock of the device, or data loss. Avosmart is also not responsible for the conflict with other programs or applications, which may result in malfunction of Avosmart, other programs and applications, or data loss.

We are also not responsible for a situation in which the user tries to remove the Avosmart application in a manner inconsistent with the instructions or the standard process of the device of configuring and uninstalling, which will lead to damage, lock or complete destruction of the device, and data loss. The User releases us from any liability specified above.

We are not responsible for any errors in geolocation, and in indicating the location of the child's device in the parent's panel, as well as for blocking or not enabling the location data option on the phone.

We are not responsible for incorrectly made screenshots of the screen of the protected device or the lack thereof.

Usage Restrictions

In order to use Avosmart services, you guarantee to comply with the following provisions, otherwise you will not be able to use our platform.

Defined terms

"Avosmart Device Software" means the software developed by Avosmart downloaded and installed on the user's device(s) to enable the use of the Service, and also includes the Avosmart application, Avosmart LITE for computers, smartphones and tablets.

"Avosmart Service" means the Avosmart parental control service, based on the Avosmart Platform, and Avosmart Device Software, which allows to monitor and store reports on online activity and prompts content, and block certain categories of websites at the User's discretion.

"Avosmart Software" means application developed by Avosmart that enables the use of the Service on Android, iOS, Windows devices available in the relevant online application store or downloadable from the Avosmart website. Technical requirements for downloading Avosmart application are specified in the respective online application store.

"Services" means services specified in the present document which include downloading the Avosmart and Avosmart LITE Software, as well as remote access to the Avosmart Platform at app.avosmart.com.

"Devices" means any device, including, but not limited to, computers, laptops, telephones, and tablets (compatible with the Services) owned by the user or which the user is authorized to use.

"User" means any natural person using Devices on which the Avosmart Software is installed and/or person that has access to the Avosmart Platform.

"Commercial User" is the User who has paid for a selected plan.

"Avosmart Account" (or "Account") means the account created by the User to access and use the Service.

Terms of use

Authorization. Subject to the Terms and Conditions set out in the present document, the User is granted a limited, revocable, non-exclusive, and non-transferable (non-sublicensable) license to access and use the Service with respect to your Devices for internal and private (domestic) use only.

Terms. The User is responsible for all actions taken within the User's Account, including actions taken by users of the device.

 The User undertakes:

(a) not to use the Services for illegal or unauthorized purposes and not to take any action that violates rights of third parties or the present Terms,

(b) to use the Services in a way that may not deteriorate the quality of the Services,

(c) not to violate any law of the relevant jurisdictions in which the User is a resident, while using the Services,

(d) to indemnify and hold harmless us, Avosmart, Management, and employees to the fullest extent permitted by law with respect to all matters relating to the use of the Service by the User.

Prohibition of using the Service

The User agrees neither to use the Service nor permit its use to monitor or control users' devices and activities under any of the following conditions:

Exclusion

We reserve the right to exclude the user from the Avosmart Platform and Service without prior warning if the user, or any user with the Avosmart Application installed, violates the present Terms.

Terms concerning the Service

Subject to payment of the applicable fees, your Avosmart Account will be activated and will remain in force for the period set out below, unless terminated by us or by the user under this Agreement.

a) Free Trial Period (Trial): using the Service for a period of 5 days from the date of registration of the User Account.

Cancellation

The User may cancel his Account at any time. All cancellations must be addressed to: [email protected]. In the event of early termination, no refunds will be given, unless we breach the present terms. In addition, we reserve the right to cancel this agreement with the User if:

 Cancellation on account of a breach of terms

In case the Customer breaches the present Terms, we may suspend or cancel Customer's registration immediately upon written notice by email. We may cancel any Free Trial Account at any time, and any Commercial User's Account by notifying them.

After the notice period, access to the Avosmart Account and all its contents will be disabled and the content deleted, except in cases where it is backed up (for backup or legal purposes only). The user will uninstall Avosmart according to instructions of the operating system of the User's device.

User’s obligations

Registration

The User must register and create an Avosmart account to access and use the Service. To register, the user must create an account by completing the appropriate form with user data (e-mail address, optional telephone number) and agreeing to the present Terms, the privacy policy, and confirming to having informed the user of the device that his/her activity will be monitored.

The user warrants that this data is and will be correct, complete and accurate at all times. After registration, a verification e-mail will be sent to the User with an activation code, which the User must enter in the parent's panel thereby confirming the correctness of the e-mail address.

We will try to provide the User with immediate access to the Service once the registration is successfully done and the verification code is confirmed in the parent's panel.

Passwords

Avosmart Account passwords must be kept confidential, and therefore the User is responsible for securing and ensuring the proper use of them. The User will notify us immediately upon disclosure of the password or upon notification of any unauthorized use of the Avosmart Account, or any other known security breach.

Avosmart Platform

The User is fully responsible for the way in which the elements in the Avosmart Platform panel are configured and for the processing of all data, including personal data, within the Service, including their collection, storage and analysis on the Avosmart Platform. We only automatically implement the configuration and instructions provided by the user.

Compliance with applicable regulations

The User agrees that we can configure the Services in such a way that certain websites, applications, protocols or technologies cannot be accessed while using the Service. In particular, but not limited to, we may exercise this option in cases where: (a) we know or suspect that they are being used in violation of applicable laws and regulations and/or (b) we believe (at our discretion) that they may be detrimental to the proper operation of the Service.

User details

Information about the user

Our Service monitors and stores information transmitted from Devices on which the Avosmart Software is installed, which may relate to both offline and online User activity (application use, search, social networks, browsing, any other activities on the protected device).

While we collect, store and analyze this information for You and on your behalf, You and the users are the sole owners of this information and are responsible for all User Content that is provided to us. You, on your own behalf and on behalf of your Users, grant us a worldwide, irrevocable, royalty-free, non-exclusive, sublicensable license to store the User Content on our servers for the purposes set out in the present regulations.

Responsibility for User Content

We do not control or supervise any User Content, except as required by the User's instructions (e.g. by configuring the Avosmart Platform) or by applicable law, court or administration decision. However, we reserve the right to remove any User Content at any time if we become aware that it violates or may violate law or rights of third parties.

User Content after termination of the agreement

If the agreement is terminated for any reason, access to the Account and all User Content will be blocked and the User Content deleted. However, we may store such User Content (a) for backup purposes and (b) in order to honour legal commitments that may arise from our relationship with the User. Our access to such data will be blocked in accordance with applicable law, unless such an event occurs.

Storage of data

If there is any data that the User wants to keep for legal purposes, the User must request them via the contact form available on the Avosmart.com website or write to [email protected] before the termination of the Agreement. The user is responsible for the storage of such data. In case of cancellation of the agreement without notice due to your breach of the present Terms, you must provide us with a reason for keeping this data by you within 3 days after termination, and we will make it available within the next 5 days.

Data on user activity, such as visited websites, videos watched on YouTube, used applications, location, sent text messages, phone calls, are automatically, cyclically deleted not earlier than after 7 days and not later than after 60 days.

Avosmart Software

Licence.

Subject to the terms specified in the present document, the User is granted a non-exclusive, non-transferable (non-sublicensable) license to install and use one copy of the Avosmart Software on each device for the User's own internal and private (domestic) use only.

Complimentary trial use (Trial).

The User may use the Avosmart Device Software for free with certain limited functions within the above License (as indicated by Licensor) for domestic use. The present license covers only the download, installation and use of the Avosmart Device Software on devices at the User's home and under the User's control.

Commercial Use: If you are a Commercial customer, you may install and use Avosmart on additional devices and with additional functions.

Restriction of use.

Avosmart may only be used to monitor the use of Devices in the national context, to control the use of these Devices by Users, to the extent permitted by applicable law and without infringing any rights of third parties (including User's fundamental rights) or other applicable regulations.

Moreover, the User must not:

(1) copy (for purposes other than back-up purposes), distribute, rent, lease, transfer, or sublicense all or any part of the Avosmart Device Software;

(2) modify or prepare Software similar to Avosmart;

(3) use the Avosmart Software in a service activity or publicly display what the Avosmart Platform looks like;

(4) derive source code, decompile Avosmart Software;

(5) perform reverse engineering to obtain information about the method of operation, algorithms used, protocols or any other application information.

Technical Requirements.

Technical requirements for the Avosmart Device Software are set out on the Avosmart website.

Commissions and fees

Fees

Fees for all subscription plans are specified on the Avosmart.com website, as well as during registration ("Subscription Plans / Price schedule"). In the case of subscription plans, the user agrees to pay the fees specified in a plan selected by the user. Payment takes place via an online payment system provided or agreed by us. We are not responsible for data processed by the provider of payment gateways and payment cards during payments made in accordance with the conditions made available to the user in the payment process. When renewing or extending your subscription plan, you will be charged at the then-current price, unless agreed otherwise with us. The user can cancel the paid plan up to 30 days from the moment of purchase by informing us about it via e-mail: [email protected]; return of payment will be made to the User's account within 7 days. After 30 days from the date of purchase, the fees are irrevocable and non-refundable. Charges for additional Users or Devices added during the subscription period are charged at the same price as previous subscriptions, and overall subscription fees will be increased accordingly.

Pricing updates.

The prices of the Services are subject to change at any time, after prior notifying the User by e-mail at least seven days in advance. If the User does not reject a given price change with simultaneous request to terminate providing of the Service, the User is deemed to have accepted new prices. The new prices apply until the next subscription renewal period. If the user continues to use the Service after the subscription renewal date, he/she is deemed to have accepted new prices.

Payments

Unless otherwise stated in the order form, all amounts are chargeable and payable in advance at the moment of conclusion of the agreement on the provision of the Service. We reserve the right to suspend or terminate the present Agreement and the right to block access to the Service if the Customer fails to make payment on time.

Provision of Service, Security and Support, Service Suspension

Provision of Service

We make every effort to always provide the Client with the Platform and the Service, but in no event, except in case of our own negligence, will we be liable for any interruptions or downtime in the provision of Service. Due to particular circumstances related to maintenance, security or bandwidth, as well as certain events beyond our control (e.g. telecommunication network problems, power cuts, etc.), the Services may be temporarily suspended.

Security

The User acknowledges that the Service will be used to transfer information about the User's activity to the Avosmart Platform, downloaded from Devices associated with the User's Account.

While processing information, the User's activity, including names of applications, Internet activity, use of mobile applications, use of Youtube, location, screenshots of device activity, live preview of the activity on the device and other account information, are sent via the Internet. Screenshots and live preview are saved on the protected device and it must be turned on and have Internet access so that the user can access this data in the parent's panel.

The user has been informed and agrees to the loss of encrypted data such as: contacts, text messages, location immediately after password reset. It is related to the way of encrypting sensitive data. The user will not raise any complaints due to the deletion of this data.

Confidentiality

We are committed to confidentiality and we make every effort to protect User Content from unauthorized disclosure or use, except when disclosure of such User Content is required by a court or public authority.

Provision of Service

We try to provide the Service 24/7, however, due to maintenance, security or bandwidth issues, as well as some events beyond our control (force majeure), the Services may be temporarily suspended or limited.

Privacy and personal data security

Our privacy policy is part of the present Regulations and is available at: https://avosmart.com/privacy.html; the user accepts the terms of the privacy policy.

Warranties

Your warranties

The user warrants that he/she will use the Service in accordance with the present Terms and applicable law. In particular, the user will use the Service, including the Avosmart Software, in accordance with applicable law in the field of privacy, telecommunications secrecy, non-discrimination and protection of image, honor and reputation. The user undertakes to fully comply with our Privacy Policy, which is incorporated into the present document as part of it. The user warrants that:

(a) he/she is over 18 years of age and

(b) is the owner of the Devices on which the Avosmart Software is to be installed. The User also warrants that

(c) he/she has informed all users that the Devices used by them contain control and monitoring software and that he/she has obtained their authorization, permission to do so, in accordance with our Privacy Policy. The User agrees to fully comply with our Privacy Policy contained in the present Regulations.

Inapplicability of the right of withdrawal from the agreement

Because the provision of the Service begins and runs entirely at the same time as each new subscription period begins after creating an Avosmart account , user agrees that, in the event that the applicable regulations give the right to withdraw from the agreement, he/she will not be able to exercise this right 30 days after purchasing a selected plan and thereby will not be able to withdraw from the subscription for the period it concerns and recover payments for the purchased plan.

Limitation of warranty

Except as provided by applicable law, the user makes use of the Avosmart Platform, Software and/or Service, including any features, content, information contained therein, on "as is" and "as available" basis, without any declarations or warranties of any kind, either express or implied, including, but no limited to, the implied warranties of merchantability and fitness for a particular purpose, or infringement of applicable laws and regulations.

Links

Our Avosmart platform contains links to third-party websites and applications. We make no representations, and do not accept any liability for such websites, and have no control over such sites or applications. All third-party content or links to third-party websites and applications are for information purposes only.

Responsibility

Limitation of liability

The User agrees to use the Service at his sole risk and responsibility. To the maximum extent permitted by applicable law, in no event will Avosmart, Management, employees be liable for any indirect or consequential loss, including, without limitation, damage, loss of reputation, equipment failure, loss of data or other damages or losses arising from or in any way related to 

a). using or inability to use the Service;
b) the user's reliance on the completeness, accuracy or existence of the Service;
c) any changes we may make to the Service or the permanent or temporary cessation of the Service;
c) unauthorized access to or alteration of user data, or failure to maintain the security and confidentiality of password or user account data;
d) deletion, corruption or failure to keep any content or other communication data stored or transmitted by or through the Service;
e) any errors in any content, loss or damage of any kind incurred as a result of the User’s use of any content posted, emailed, uploaded or otherwise made available through the Service; or
f) statements or behavior of third parties on Avosmart.

Our aggregate liability resulting from this declaration will not exceed one of the following amounts:

(a) $10 or
(b) the total charges paid by the user to Avosmart up to that date, whichever amount is the lower.

IN NO EVENT WILL AVOSMART, MANAGEMENT BOARD OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR INABILITY TO USE THE SITE OR ANY CONTENT, MATERIALS, OR FUNCTIONS RELATED TO THEM, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR ANTICIPATED PROFITS OR LOSS OF BUSINESS, DATA, SALES OR ANY SUBSTITUTION COSTS EVEN IF THE PERSON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

The Avosmart application, depending on the type of device, uses Windows, Android, iOS or MacOS operating systems. In the event that the vendors of these systems block the use of integration, block or change the operation of the operating system's key functions for the Avosmart Application, and thus prevent the correct operation of the Avosmart Application, then we will immediately start work on solving the problem. If it is not possible to solve the problem, then the so-called force majeure occurs and in this case you will not be entitled to a refund for the purchased plan. You declare that in this case you resign from compensation, return and complaint.

Intellectual property rights

Ownership

We own or are licensees of all intellectual and industrial property rights within the technology underlying the Service. Accessing and using our Services does not transfer any or all of these rights to the User. Avosmart Software remains the exclusive property of Avosmart and all rights to it, including all patent, copyright, trademark and trade secret rights applicable to it, remain the property of Avosmart and/or our licensors. The User will not do anything that is against our legal title. The User must not transfer, sell, convey, sub-license, pledge or otherwise dispose of, or encumber the software without our prior written consent. The User may not remove any trademarks, trade names, copyright notices, or other proprietary notices of our Services.

Trademarks

The User will not use our trademarks, trade names, logos, domain names, other distinctive brand features, or any copyrighted material or material associated with "Avosmart" without our consent.

Other provisions

Agreement

The present Terms contain the full agreement of the parties related to the subject of the present Regulations. Any representations, promises or conditions not expressly set out in the present Regulations and Terms shall not be binding on any of the parties. If any provision of the present Terms is found to be unenforceable, such provision will only be amended to the extent necessary to ensure its enforceability.

Compensation

The user agrees to release Avosmart, the Board and its employees, associates and partners from responsibility for any loss, liability or costs arising from the User's breach of any of the present Terms or any applicable law, rules or regulations or the rights of third parties, in connection with the use of the Service.

Modifications

We may modify, without prior notice, the project and/or configuration of the Service, as well as some or all of the services offered, and add new ones and make changes to the present Regulations (including the Privacy Policy). Any modification to these Terms will be communicated to the User via the Avosmart.com website and will be effective from the date indicated in the notice, and any further use of the Service will be governed by the new Terms, so we recommend that the User read them carefully. The Service, Avosmart platform is work in progress and we reserve the right to modify or suspend the Service temporarily at any time and for any reason. Notice of any suspension will be made in accordance with the present Terms.

Contact and notifications

You agree to receive e-mail, SMS, Webpush notifications related to the Services from us.

We may contact you for information about the service related to your account or when required to do so by law. The User hereby acknowledges and agrees that such notifications will be effective from the moment we post them on the Platform or deliver them to the User via email, SMS or Webpush. If the client does not provide us with accurate contact information, we are not responsible for the failure to notify the client.

Applicable law and jurisdiction

The present Terms as well as the provision and use of the Service are governed by Polish law. In order to resolve any conflicts regarding the interpretation, performance or breach of the present Terms or the use of the service, the parties submit to the exclusive jurisdiction of the courts of the City of Krakow, Poland. The parties undertake to make every effort to resolve such issues amicably before initiating any legal action.

Contact
Any questions about Avosmart, our products and services or the present regulations should be sent via the web form available on the avosmart.com website or to the following address: [email protected].