LAST UPDATED: 2019-06-17
Services. Without restriction, we generally offer the following services through the website:
Delivery. The subscription and license and corresponding fees shall commence for each Provider Applications upon the earliest of (a) the Effective Date shown in the Subscription Order for the Provider Applications, or (b) the first download, access session, or use of the Provider Applications by Customer, its employees or agents.
Permitted and Prohibited Uses. Subscriber and each of its users agrees, as a condition of use of the Provider Applications and the Subscription Services, not to use the Provider Applications and Subscription Services for any purpose that is unlawful or prohibited by this Agreement, or in any manner that could damage, disable, overburden, or impair any Provider or Subscriber server, or the network(s) connected to any Provider or Subscriber server, or interfere with any other party’s use and enjoyment of any Service. No user may attempt to gain unauthorized access to any part of the Subscription Services, other accounts, computer systems or networks connected to any Provider or Subscriber server or to any part of the Subscription Services, through hacking, password mining or any other means. No User may obtain or attempt to obtain any materials or information through any means not intentionally made available through the Subscription Services. Except as expressly set forth herein, neither Subscriber nor any User may:
Use of Passwords; Internet; Suspension of Service. Subscriber is responsible for providing and administering usernames and passwords for all Users (the “Log-In Information”). Each User must have a valid username and password for the purpose of accessing the Service. Subscriber and its Users must keep all Log-In Information strictly confidential. Log-In Information may be used only by the assigned User and may not be shared or transferred. Each User is entirely responsible for maintaining the confidentiality of that User’s username and password. Each User will be entirely responsible for any and all activities that occur under the User’s account. Each User agrees to notify the Subscriber immediately of any unauthorized use of the User’s account or any other breach of security. Provider will not be liable for any loss that a User may incur as a result of someone else using that User’s password or account, either with or without the User’s knowledge.
No Guarantee. Neither Company nor Subscriber guarantees the security of any information transmitted to or from any User over the Internet, including through the use of e-mail. Access to the Internet, if employed, is Subscriber’s and each User’s sole responsibility and the responsibility of Internet provider(s) they select. Company does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment. (c) Company may at any time request that Subscriber suspend the access of Users to the Service and/or disable their Login Information. Subscriber agrees when so requested by Company to disable such information.
Payment. Payments for services or products available on the website will be charged to you in accordance with the policies, procedures and timelines posted on the relevant sections of the website. You agree to pay the fees applicable to your subscription and any other fees, including but not limited to fees relating the processing of transactions under your account, (“Fees”).
Recurring Fees. All initial and recurring Fees will be charged to the credit card that you authorize for your account. Prices do not include any taxes that may apply. If we have the legal obligation to collect or pay taxes for which your responsible for, the appropriate amount will be added to the total and invoiced to you.
Power to Cancel and Suspend. Provider reserves the right to suspend or cancel performance of any Services if you are in default of your obligations, including any payment obligations.
Yearly Subscription. Subscriptions are made yearly and the yearly fee will automatically renew at the end of each year for the next succeeding year and there after, unless you choose to pay manually on a year to year basis or cancel the subscription. It is your responsibility to keep your authorized credit card valid and up to date at all times.
WE MAY TERMINATE OR BLOCK ACCESS TO YOUR ACCOUNT IF YOUR CREDIT CARD BECOMES EXPIRED OR OTHERWISE INVALID AT THE TIME ANY FEES BECOME DUE.
Payment Processing Provider. For purposes of processing payments, we use the following service provider:
WHEN CREATING AN ACCOUNT, YOU AGREE THAT YOU ARE OLDER THAN 18 YEARS OF AGE OR YOU ARE THE LEGAL PARENT FOR THE CHILD WHOM IS UNDER 18 YEARS OF AGE.
Account Information. The terms governing the features and capabilities of your account and the related fees can be found on the Website.
Cancellation. You may cancel and terminate your account at any time in accordance with the terms and policies posted on the website.
Outstanding Payments. If at the date of terminate of your account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charges again.
SUBSCRIPTIONS WILL BE CANCELLED 7 DAYS AFTER INITIAL REQUEST. CUSTOMER SERVICE DOES NOT WORK ON WEEKENDS.
No Liability. We will not be held liable for, and you herby fully waive the right to claim for, any loss, injury, claim liability or damages of any kind resulting in any way from use of the website
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
ALL SOFTWARE AND SERVICES PROVIDED HEREUNDER IS PROVIDED “AS IS.” THE FOREGOING WARRANTIES ARE EXCLUSIVE OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.
IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT YOU OR THE THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THE FOREGOING PARAGRAPH, OR ANY PART THEREOF, IS VOID UNDER THE APPLICABLE LAW, THIS PARAGRAPH, OR SUCH PART THEREOF, SHALL BE INAPPLICABLE.
Usernames and Passwords. In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the website are kept secure and confidential.
Unauthorized Access. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach security.
Breach of Security. We will investigate any breach of security on the website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS THEY RELATE TO THE WEBSITE.
NO TECHNOLOGY CAN BE PERFECT AND THERE CAN ALWAYS BE RISK OF ERROR THAT A NUDE PICTURE OR VIDEO WITH NUDITY COULD STILL BE TAKEN, SENT OR UPLOADED BY YOUR CHILD’S DEVICE. AT TIMES A PICTURE/VIDEO TAKEN MAY INADVERTENTLY BE DELETED OR FLAGGED CONTAINING NON-NUDITY AND AN ALERT SENT TO THE PARENT. OUR ALGORITHM MAY DETECT CERTAIN TYPES OF CLOTHING SUCH AS UNDERWEAR, SWIMWEAR AND LINGERIE AND CLASSIFY THEM AS NUDITY BASED ON THE AMOUNT OF SKIN EXPOSURE AND AN ALERT SENT TO THE PARENT. THE ALGORITHM IS STRENGTHENED DURING THE NUDITY DETECTION AND DELETION PROCESS. THOSE IMAGES/VIDEO ARE IMMEDIATELY DELETED AND NOT KEPT OR STORED ON ANY SERVERS. THE METADATA FROM THOSE IMAGES/VIDEO ARE ALSO DELETED IMMEDIATELY DURING THIS PROCESS AND ARE NOT KEPT, STORED, SHARED OR SOLD TO ANY THIRD PARTY. ANY NUDE PICTURE OR VIDEO ATTEMPTED TO BE SAVED/UPLOADED FROM THE WEB TO THE CHILDS DEVICE WILL BE DETECTED AND DELETED. IN THIS CASE THE PARENT/GUARDIAN WILL STILL RECEIVE AN ALERT VIA EMAIL THAT NUDITY WAS DETECTED. NO TECHNOLOGY CAN BE PERFECT,. THEREFORE, WE CANNOT GUARANTEE THE COMPLETE PROTECTION AND PREVENTION FOR YOUR CHILD WITH THESE SPECIFIC FEATURES WHILE ON THEIR DEVICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE WILL NOT BE HELD LIABLE FOR, AND YOU HERBY FULLY WAIVE THE RIGHT TO CLAIM FOR, ANY LOSS, INJURY, CLAIM LIABILITY OR DAMAGES OF ANY KIND RESULTING IN ANY WAY FROM USE OF THE WEBSITE DESPITE YOUR EXPECTATIONS IN IT’S USE
Compliance. You represent and warrant that:
THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY ILLEGAL USE YOU MAKE OF THE SERVICES.
Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18, or have reached the age of majority in your current jurisdiction. We do not target, market, or promote the website to those under 18, or not of age of majority in their respective jurisdictions. We do not permit any user under the age of 18 to use the website.
Compliance with All Laws. You, as the party responsible for user data that we process on your behalf as data processor for the provision of services, represent and warrant to us that: you comply with all applicable laws with respect to the monitoring and control of devices and applications used by you or your covered accounts; and you have all legally required informed consents in your jurisdiction from each and every data subject, including without limitation, each covered account, whose data are submitted to use in the course of the provision of the services or collected and transmitted to us by the services. You further warrant that:
No Class Action. By using the website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against SELFIESTOP TECHNOLOGIES INC. or its affiliates related to any claim, dispute, or controversy arising from your use of the website. Where applicable, you hereby agree to opt out of any class proceeding against SELFIE STOP TECHNOLOGIES INC. otherwise commenced. The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
No Waiver. No waiver of a provision, right or remedy of this agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
Force Majeure. If by reason of Force Majeure including, without limitation, earthquakes, governmental regulation, fire, flood, labor difficulties, civil disorder and all acts of God, or any other act, event or circumstance beyond the reasonable control of a Party (whether or not mentioned or foreseeable), a Party is unable to perform in whole or in part its obligations as set forth in this Agreement, except for payment obligations, such Party shall not be liable to the other for its failure to perform said obligations.
Severability. In the event that any provision or part of this agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
Release. Subscriber and its Users release and waive all claims against Company, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Company Group”), from any and all claims, damages, liabilities, costs and expenses arising out of User’s use of the Service and the Content. California residents waive any rights they may have under § 1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Subscriber and its Users agree to release unknown claims and waive all available rights under California Civil Code § 1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Company Group.
U.S. Government Customers and End Users. Any Services or applications or related materials are “commercial items” as that term is defined in 48 C.F.R. Pt. 2.101 consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. Pt. 12.212. Consistent with 48 C.F.R. Pt. 12.212 and 48 C.F.R. Pt. 227.7202-1, Pt. 227.7202-3 and Pt. 227.7202-4, if the Customer hereunder is the U.S. Government or any agency or department thereof, any Services or application and related materials are licensed: