SELFIESTOP TECHNOLOGIES INC. WEBSITE TERMS OF USE

LAST UPDATED: 2019-06-17

BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.

1. OVERVIEW

These terms of use form a legally binding contract between SELFIESTOP TECHNOLOGIES INC. (“Company” “we” or “us”) and the people and companies (“Users” “Subscriber” or “you”) that access and use our website located at www.selfiestopapp.com or any related website or mobile platform controlled by us (collectively, the “Website”). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services and products available at or through the Website.
These Terms of Use applies to all Services between the Company and Users, including but not limited to communication via:

    1. The Company website (including the website hosted at www.selfiestopapp.com and any other web domain used by the company to communicate with users now or in the future),
    1. Any mobile, computer, or tablet-based application currently offered by company or developed in the future by the company; and
    1. All other services provided by the company, as described on the website (items 1 to 3 are hereinafter collectively referred to as the “Website”)

It is very important that you read and fully understand these terms of use and using the website, you are entering into a legally binding contract which will impact your rights.

BY ACCESSING OR SUBMITTING ANY INFORMATION THROUGH THE WEBSITE, YOU ARE AGREEING TO THE TERMS OF THIS POLICY. YOU ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE UNLESS YOU FULLY UNDERSTAND AND AGREE TO THIS POLICY AND ALL TERMS OF USE AVAILABLE FOR REVIEW ON THE WEBSITE.

These Terms of Use should be read in conjunction with the privacy policy and any other rules, guidelines, or policies posted on the website.

2. SERVICES AVAILABLE ON THE WEBSITE

Services. Without restriction, we generally offer the following services through the website:

    1. Our services assist you as the parent in monitoring the use of video and camera activity for mobile phones, tablets, iPad and applications under your control by your children under the age of 18. The services allow you to determine the devices and applications to be monitored for each of your covered account(s). The SelfieStop platform automatically deploys the configuration and the instruction given by you and you are solely responsible for the configuration of the services for you covered account(s).
    1. The services we offer are subject to change over time. By using the website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they suitable for your specific purposes.

Grant of License. Subject to the terms and conditions contained in this Terms of Use, Company hereby grants You, during the term specified in the Subscription Order, a non-exclusive, non-transferable, non-assignable, non-sublicensable license to access electronically in the manner authorized by Company and to use, solely for internal business purposes, the Subscription Services produced by the Provider Applications electronically (the “Provider Applications”). You may not share, distribute or relicense the Subscription Services or Provider Applications with or for any other person or entity.

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:

    1. Copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Subscription Services or any associated applications, tools or data thereof;
    1. Disassemble, decompile, or reverse engineer the Provider Applications used to provide the Subscription Services, or use a robot, spider, or any similar device to copy or catalog the content available through the Subscription Services or any portion thereof; or
  1. Take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Subscription Services’ control or security systems, or allow or assist a third party to do so.

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.

3.PAYMENT PROCEDURES

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.

Taxes. All Fees are exclusive of any Taxes. You will pay to Company an amount equal to any Taxes arising from or relating to these Terms of Use which are paid by or are payable by Company. “Taxes” means any form of taxation, levy, duty, customs fee, charge, contribution or impost of whatever nature and by whatever authority imposed (including without limitation any fine, penalty, surcharge or interest, excluding any taxes or franchise fees based solely on the net U.S. income of Provider. If you are a non-U.S. entity or engage in any use of the Services outside the U.S. and are required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due Company, then the sum payable to Company will be increased by the amount necessary so that Provider receives an amount equal to the sum it would have received had you made no withholdings or deductions.

Payment Terms. Fees for the Services are stated in United States Dollars, must be paid in United States Dollars, and are exclusive of out-of-pocket expenses of Provider. Unless otherwise stated the fees due are prorated and payable in advance. Upon expiration of the initial term, and any renewal term, these Terms of Use shall be automatically renewed on a year-to-year basis on the same terms as shown in this Agreement at Provider’s then-current pricing, unless you notify Company in writing at least ninety (90) days prior to the scheduled renewal date of its intention not to renew. Company will invoice you for the Fees at each scheduled renewal, and upon any future orders. Any and all payments made by you are non-refundable.

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:

In-App Purchases. You may make in-app purchase, then the App store or Google Play provider’s terms of use and/or end user licence agreement from which you originally downloaded the website shall be applicable. You acknowledge and agree that all billing and transaction process for in-app purchases are governed by the app store provider from which you originally downloaded the website.

4. YOUR ACCOUNT

Creating an Account. In order to fully use the website, you will be required to create an account. Information submitted by you in order to create an account will be subject to our privacy policy, which is available for review on the website, and which you are required to approve before creating an account. The privacy policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers.

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.

5. TERMINATION

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.

6. LIMITATION OF LIABILITY

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.

7. INDEMNIFICATION

Indemnification. You agree to indemnify and hold harmless SELFIESTOP TECHNOLOGIES INC., including our officers, directors, shareholders, employees and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the website/services, including but not limited to your violation of any term of these terms of use or any other policy posted on the website.

8. SECURITY BREACHES

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.

9. WARRANTIES AND REPRESENTATIONS

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

10. COMPLIANCE WITH LAWS

Compliance. You represent and warrant that:

  1. You have the authority to bind yourself to these Terms of Use;
  2. Your use of the website will be solely for purposes that are permitted by these terms of use; and
  3. Your use of the website will not infringe or misappropriate the confidentiality or intellectual property rights of any user or third party; and iv. Your use of the website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the website.

Lawful Purpose.You must only use the Website for your own lawful purposes, in accordance with these Terms of Sse and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY ILLEGAL USE YOU MAKE OF THE SERVICES.

11. AGE RESTRICTIONS

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:

  1. You are older than 18 years old, Or have reached the age of majority in your jurisdiction;
  2. b. You are the child(s) parent;
  3. Either you are the owner of the devices on which you wish to install the SelfieStop App, or that you are the tenant of such devices and, if legally required, have the authorisation of such devices;
  4. That you have informed any users that are 14 years old or more that the devices used by them include a control and monitoring software and have obtained authorisation from such users for this kind of activity;
  5. That you have informed any users, regardless of age as required by the laws of your jurisdiction; or
  6. f. There are mandatory rules in your country would exempt you from the aforementioned obligations; and
  7. You agree to fully comply with our privacy policy incorporated in these terms.

12. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law. These Terms of Use and any access to or use of the website shall be governed by, and construed in accordance with the laws in force in the Province of Ontario, Canada.

IF ANY CLAIM, DISPUTE OR CONTROVERSY OCCURS BETWEEN SELFIESTOP TECHNOLOGIES INC. AND A USER RELATING TO OR INTERPRETATION OR IMPLEMENTATION OF ANY OF THE PROVISIONS OF THESE TERMS OF USE, SUCH DISPUTE SHALL BE RESOLVED BY PRIVATE, CONFIDENTIAL AND BINDING ARBITRATOR. SUCH ARBITRATOR SHALL BE APPOINTED BY AGREEMENT OF THE PARTIES OR, IN THE ABSENCE OF AN AGREEMENT, SUCH ARBITRATOR SHALL BE APPOINTED BY A JUDGE UPON THE APPLICATION OF EITHER THE USER OR SELFIESTOP TECHNOLOGIES INC. ARBITRATION SHALL BE HELD IN THE PROVINCE OF ONTARIO, UNLESS OTHERWISE AGREED BY THE PARTIES. THE ARBITRATION PROCEDURE TO BE FOLLOWED SHALL BE AGREED BY THE PARTIES OR, IN ABSENCE OF AN AGREEMENT, DETERMINED BY THE ARBITRATOR. THE ARBITRATOR SHALL PROCEED IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION ACT, 1991, SO 1991, C17. SUBJECT TO ANY RIGHT OF APPEAL, THE DECISION ARRIVED AT BY THE ARBITRATOR SHALL BE FINAL AND BIDING. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

13. WAIVER OF CLASS ACTION

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.

14. GENERAL TERMS

Amending These Terms Of Use. These Terms of Use may be updated and amended from time to time. We reserve the right to change these terms of use at any time, and any amended terms of use are effective upon posting to the website. Your continued use of the website will be deemed to be immediate and unconditional acceptance of any amended terms of use, whether or not we deemed terms of use, whether or not we deemed the amendments to be material.

COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS OF SERVICE FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN COMPANY POSTS THE REVISED TERMS OF USE AS PART OF THE SERVICE OR ON ANY RELATED WEBSITE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF SERVICE” HYPERTEXT LINK LOCATED IN THE HOME PAGE FOR THE SUBSCRIPTION SERVICE. SUBSCRIBER AND USERS SHOULD CHECK THE TERMS OF USE FROM TIME TO TIME, AS THEY ARE BOUND BY THE TERMS OF USE SO POSTED FROM AND AFTER THE TIME THE CHANGES ARE POSTED. ANY REVISED TERMS OF SERVICE SHALL SUPERSEDE ALL PREVIOUS VERSIONS.

Assignment. We may assign or delegate these terms of use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. Users may not assign or delegate any rights or obligations under these terms of use, without our prior written consent, and any unauthorized assignment and delegation is void.

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.

No Agency. The parties to these terms of use are independent contractors and are not partners or agents. SELFIESTOP TECHNOLOGIES INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these terms of use or your use of the website.

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.

Entire Agreement. These terms of use, in conjunction with all policies and guidelines available on the website (including but not limited to any privacy policy), incorporated by reference, constitute the entire agreement between you and SELFIESTOP TECHNOLOGIES INC. and supersede all prior communications, agreements and understandings, written oral, with respect to the subject matter of these terms of use.

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:

  1. Only as a commercial item, and
  2. b. With only those rights as are granted to all other end users and customers pursuant to the terms and conditions of this Agreement.

Questions About These Terms Of Use. We welcome you to contact us with any questions on these terms of use. You can send your questions regarding these terms of use to the following email address: info@selfiestopapp.com.