Revised: Monday, July 11, 2016 at 5:23 PM
You acknowledge that your use of the Platform is at our discretion, and your license to use the Platform may be terminated by us at any time. We reserve the right, at our sole discretion, to refuse service, modify service, or terminate and delete any user’s account and any data associated with that account.
Installing the App
To use the Platform, you must install the App on any computers or mobile devices from which you wish to collect data. YOU REPRESENT AND WARRANT THAT YOU WILL INSTALL THE APP ONLY ON COMPUTERS OR DEVICES OWNED BY YOU OR YOUR MINOR CHILD. YOU FURTHER REPRESENT AND WARRANT THAT IF YOU INSTALL THE APP ON COMPUTERS OR DEVICES FOR WHICH YOU SHARE OWNERSHIP WITH ANOTHER ADULT, YOU WILL OBTAIN THE CONSENT OF THE OTHER OWNERS PRIOR TO INSTALLATION.
Activating and Using the Platform
To activate the App, you must purchase a subscription. Upon activation, the App will begin to collect data (as described below) from any computers or devices on which the App associated with your subscription has been installed.
Data collected by the App will be viewable upon logging into your account on the Site. You may also elect to receive emailed notices regarding data collected through the App. You may also identify trusted third parties (“Accountability Partners”) with whom you would like to share certain data collected through the App. Data collected will be retained for 15 days before being automatically deleted by the Platform.
What Data is Collected
The data collected by the Platform varies depending upon what operating system is installed on the relevant computer or mobile device. Depending upon the operating system, the collected data can include the titles of websites visited, email subjects and senders/receivers, application usage logs, file logs, geolocation information, call logs, text logs, application content and data, directory paths, and the dates and times these various events occurred. Depending upon the operating system and the type of data, you may be able to turn on or off collection of specific data through your account settings.
The Platform is designed to avoid collecting certain highly sensitive data,namely, social security numbers, credit card numbers, and bank account information. However, we strongly encourage you to exclude any software or applications that may contain this information from data collection. You may exclude specific software and applications from data collection in the App settings.
When used on the Mac or Windows operating systems, the App has a Close Accountable2You button. It allows you to enter a reason for closing the application. All occurrences of the App being turned off are logged to the App report and emailed to your Accountability Partners. When the App is turned off, it will not collect data from the relevant device.
Expiration of Subscription and Data Collection
UPON EXPIRATION OF YOUR SUBSCRIPTION, THE APP WILL CONTINUE TO COLLECT DATA AS USUAL. However, neither you nor your Accountability Partners will be able to access that data unless you renew your subscription. Any data collected during this period will be retained for the standard 15 day period before being deleted.
Use of the Platform
We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the Platform. You agree to use this Platform only for lawful purposes and in accordance with the terms and conditions contained herein. Without limiting the foregoing, you specifically agree that you shall not:
(a) install Accountable2You software on any computer or mobile device you do not own or install Accountable2You software on any computer or mobile device for which you share ownership with another adult without obtaining the other owners’ consent
(b) use the Platform in any manner that is harassing, abusive, threatening, an invasion of privacy, stalking, or in violation of any law
(c) access, download or copy any other user’s account information
(d) bypass any technical measures used to prevent or restrict access to any portion of the Site
(e) violate or attempt to violate the security of the Site
(f) interfere with or attempt to interfere with the proper working of the Site
(g) engage in any unauthorized use of content and materials included on the Site which, unless otherwise noted, is owned by us
(h) make commercial use of the Site, or modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site
(i) use any data mining, robots, or similar automated data gathering and extraction tools to access the Site
(j) reverse engineer, decompile or disassemble the Site, or convert into human readable form any of the contents of this Site not intended to be so read.
You further agree and warrant that all information you provide to us directly and/or through the Site and the Platform, including but not limited to any contact information and other registration information, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address. You are responsible for all activities that occur under your account. Do not disclose your account password to others, and notify us immediately of any unauthorized use of your account. We are not responsible for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge. By creating an account with us, you consent to receive communications from us electronically via the e-mail address associated with your account. We reserve the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). You agree that any and all communications sent to you electronically via the e-mail address associated with your account satisfy any legal requirement that such communications be in writing.
You will not be billed for subscription fees until the end of your free trial period. If you cancel your subscription during your free trial period, you will not be billed.
If you do not cancel your subscription by the end of your free trial period, your credit card will automatically be charged for one month of service for the plan you selected when registering for your free trial. These charges will automatically recur on a monthly basis until you cancel your subscription. Upon cancellation, you ability to access subscription services will terminate on the date your next payment would have otherwise been charged.
If requested by you within 5 days of cancellation, A2Y will refund the full purchase price of your last month’s fee.
Intellectual Property Rights
Unless otherwise noted, all content included on the Platform, including images, photographs, text and other material, is the property of A2Y or its suppliers, licensors, partners or affiliates and is protected by United States and international copyright and/or trademark laws. All of the content on this Site and the compilation of the content is either the property of A2Y or is used by A2Y with the permission of its owners.
You agree that you will not take any actions inconsistent with our ownership of, or any third party’s ownership of, the copyrights, trademarks, and trade dress used on this Site.
Disclaimer of Warranties and Limitation of Liability
THIS PLATFORM, ITS CONTENT, AND ANY ASSOCIATED SERVICES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED WITH THIS PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS PLATFORM AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT OR GUARANTEE THAT ANY COMPONENT OF THE PLATFORM IS FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS PLATFORM, NOR THAT ALL COMMUNICATIONS WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS CONNECTED WITH YOUR USE OF THE PLATFORM. YOU AGREE THAT IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PLATFORM, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST A2Y WITH RESPECT TO THIS AGREEMENT OR THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND ANY SERVICES OFFERED IN CONNECTION WITH THE PLATFORM AND REIMBURSEMENT OF YOUR MOST RECENT MONTH’S SUBSCRIPTION FEE, IF ANY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless A2Y and its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Platform and the services provided in connection with the Platform, or your breach of any provision of this Agreement.
Resolution of Disputes
The laws of the State of Ohio will govern this Agreement and any dispute of any sort that may arise between us. Regardless of where you access this Platform, you agree that any action arising out of your use of the Platform must be brought in the state or federal courts serving Hamilton County, Ohio, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. By using the Platform, you consent to resolve any such claims individually and without resort to class action.
If any part of this Agreement is determined to be invalid or unenforceable for any reason, the remainder of this Agreement shall be enforced to the extent possible. Failure to enforce this Agreement does not constitute a waiver of our rights under this Agreement.
Changes to this Agreement and the Platform
We reserve the right, at our sole discretion, to change, modify, add or delete portions of this Agreement or the Site at any time. We will notify you of any material changes by posting a notice on the account login screen and distributing a notice in an email to Subscribers. After such notification, your continued use of the Site demonstrates your acceptance of any revised Agreement. If you do not agree to any revisions to this Agreement, you may not continue using the Site and you may request a refund of your most recent subscription fee, if any.