TERMS AND CONDITIONS
Thank you for visiting the DigitalSake Website. This Website is owned by, and hosted and operated by, and the Service is provided by, DigitalSake, LLC (the “Company”), which is a registered Delaware Limited Liability Company, with the registered office in 3411 Silverside Road, Tatnall Building, #104, New Castle County, Wilmington, Delaware 19810, United States of America.
The Company hereby notifies the users, prior to the rendering of Services (as defined below), of the procedures and obligations required for the execution of the Services:
a. Parents and/or other users undertake to read the contents of this Terms carefully.
b. Parents and/or other user undertake to enter the personal details and any additional information required for the Services to be provided. Parents and/or the users shall be solely and exclusively responsible for the authenticity of the Personal Data (as defined below) entered.
Children’s use of technology is continuously increasing and each child´s safety cannot be properly managed without the active participation of parents or legal guardians (together referred as to “Parents”). Children must be guided on how to safely navigate in the digital world we provide them and how to manage screen time.
SERVICES: The present Terms applying to the offer of the Services, as well as any other terms and conditions which may be applied, have the purpose of regulating the purchase and acquisition of the Services, use of the Website, contents and tools provided by the Company to Parents and/or other users via its Website and/or the videoconferences and constitute the legal framework within which the contractual relationship is established.
The services (hereinafter, the “Services”) subject to this Terms will be those listed below and available in the website belonging to the Company [digitalsake.com] (hereinafter, the “Website”):
(i) Parental Control Videoconference Assistance for Parents: this service will be focused in guiding Parents on how to program and use the parental controls settings in Device´s operating system (if any); therefore, this service will (a) not include the provision of any additional software to set parental controls in the Devices, (b) be achieved by using such Devices’ software (if applicable) and (c) be limited and conditioned to each Device´s parental control tools and software (which may include from setting levels of age control for TV programs and films, music types, ibooks, lock individual Devices, passwords, blocking internet access of specific websites, pausing the internet, block/filter specific types of content, etc.) (the “Parental Control Service”);
(ii) Screen Time: this service will consist in showing Parents with respect to your Child or Children (as defined below) screen time setting, which will allow Parents to have full control on the amount of time that children can use the devices (the “Screen Time Service);
(iii) Personalized Services: consisting in giving advice to help Parents in raising children in digital area, considering evidence-based research and best practices in relevant fields (the “Personalized Services” and jointly with the Parental Control Service and Screen Time Service, the “Main Services”); and
(iv) Follow-up Calls: this service will consist on the opportunity for recurrent clients to get additional guidelines (as further explained below) (“Follow-up Calls”).
Services intent is to provide Parents with knowledge the usage of Devices’ parental content control regarding screen time and content restriction, to enhance age appropriateness internet use and more screen time and monitoring Children. The Services, by no means, shall (i) be considered as nor include counseling, medical and/or professional recommendation, medical diagnostic and (ii) a full guarantee any results with respect to parental control and/or efficiently limiting screen time. This Services does not include recommendations on the type of applications that Parents allow children to download into their Devices, when Parents prompt about applications, the provider will follow the guidelines suggested by google play or apple apply accordingly to the type of Devices used. Contact shall be with Parents only and, therefore, your Child or Children (as defined below) will not be permitted to participate in any phone call or videoconference.
Services will be provided through a phone call or videoconference (as requested by the Parents). The Main Service will be provided through an initial phone call or videoconference that will last the time estimated and shown for each Service in the Website. If additional advice or support is required, Follow-up Calls could be scheduled and, in such case, fees will be charged at an hourly rate as set forth in section below.
PRICE: Prices and tariff corresponding to each Service, as well as available payment methods, will be those that appear in the Website in the moment that the user request for a specific Service and proceed with payment. The Company reserves the right to modify tariffs and prices published on the Website, as well as available payment methods. In any event, any such changes will not apply to Services solicited prior to the modification.
Services shall be subject to the prior payment of the price (the Company reserves the right to suspend or cancel any scheduled phone call if fees are not paid accordingly at the Company´s sole discretion) and no refund will be provided for (i) missing the scheduled phone call or videoconference; (ii) incorrect use of the Services; (iii) changes in any Device’s software, (iv) not complying with the pre-call instructions sent to the user at the declared email address previous to the schedule videoconference or (v) not obtaining desired results. In order to take real advantage of any Service, you must make sure to comply with the pre-call instructions indicated in our Services Information.
The Company may refund Parents and/or other users in case the schedule phone call or videoconference is cancelled well in advance, according to the specifications that appears in the Website. The Company shall not be responsible for errors made by the third party payment processors.
REPRESENTATIONS: In order to receive the Services and access the website and/or use the application, you represent that you (i) are the Parent of a child or children under the age of eighteen (18) or of a child or children that are eighteen (18) or older with their express written consent (hereafter, your “Child” or “Children”); (ii) are not a resident of Iowa or Vermont, as those states do not allow the monitoring of cellular and other devices; (iii) may only use the Services (and the tools built into each Device´s operating system) to monitor the Devices of your Child or Children and that such use will only be for purposes of increasing their safety in cyberspace and as an aid to your efforts to protect and enhance the welfare of your Child or Children; (iv) the Services will not be used to collect data or in violation of any Federal, State or local laws, regulations, rules or ordinances (including those of any country outside of the United States of America); and (v) are compliant with these restrictions, that you are being truthful and accurate as to these restrictions, and, you accept that if these Terms are not met, the Company has the absolute right to block your access to the site and application, and, to cancel your subscription and/or account without notice to you.
DISCLAIMERS: (i) Services are provided for personal use only; (ii) Services may require internet access and certain Devices’ software may require updates, and efficiency of suggestions may be affected by the performance of these factors; (iii) Services (or our website) may direct you to websites, services, applications or resources on the internet or in the Devices, and when you access third party resources on the internet or in the Devices, you do so at your own risk, as these other resources are not under our control, and you acknowledge that the Company is not and will not be responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, applications or resources (including, without limitation, not being liable for any viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties); (iv) the Company is not responsible for Parent’s inability to access any information for any reason, whether because of termination of their account, software, hardware, internet or connectivity problems or errors, or any other reason whatsoever; (v) the Company is not responsible in any way whatsoever for any loss of usage time, availability or access to Devices; (vi) the Company is not responsible for your Child or Children behavior or their activities in internet or with the Devices; (vii) Parents accept and acknowledge that Services are provided based in researching and data produced by third parties; (viii) Services do not include legal, medical or physiological advice; (ix) you disclaim any liability claim against the Company as you understand the Services are intended to be a tool to assist you in parenting your Child or Children, not to be the sole method by which you monitor your Child or Children use of his or her Devices, and, that you must remain primarily responsible to parent your Child or Children; (x) your use of this Website, the application and Services is at your own risk; (xi) the Website, its content, the application and the Services provided are ‘‘as is’’ and without warranties of any kind, either expressed or implied; (xii) the Company does not warrant that the functions or content contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server/cloud that makes it available is free of viruses or other harmful components; (xiii) the Company does not warrant or make any representation regarding use, or the result of use, of the content or tools of the Company, in terms of accuracy, reliability, or otherwise; (xiv) the content may include technical inaccuracies or typographical errors, and the Company may make changes or improvements at any time; (xv) you, and not the Company, assume the entire cost of all necessary servicing, repair or correction to your Devices in the event of any loss or damage arising from the use of this site, its content, or the Services; (xvi) the Company makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content; and (xvii) all of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
ACCESS AND USE: The Company grants you (as a permitted user) a limited, revocable, non-exclusive license to access the Website in compliance with applicable law and these Terms. Use of our Website beyond the scope of authorized access granted to you by these Terms immediately terminates that license. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of the site for any reason. All rights not expressly granted by these Terms are reserved to us, or, if applicable, our licensors.
To use the Website, application and/or receive any of the Services, you must subscribe by establishing an account. By becoming a subscriber and using the Website and application to help you, Parent, your Child or Children in cyberspace, you acknowledge that the Company will collect various information from you and your Child or Children. By becoming a subscriber, you also acknowledge that you will be able to control, if and as permitted by each Device´s operating system, your Child’s Device. By subscribing to the Website, you accept these Terms, and, make certain representations, including that you are truthful in the information you have provided, including, without limitation, the date of birth of your Child and your residence. Additionally, you agree that no other individual may use the account for which you are a subscriber (excluding your Child’s other parent if you have added them to your list of users) and that you may not share or transfer your subscription, nor may you disclose your password to anyone else.
By becoming a subscriber, you also acknowledge that you may not decompile or disassemble, reverse engineer, hack or otherwise attempt to discover any source code contained in our Website or application. You also agree that you will not undertake, initiate or participate in any attack of any nature, including without limitation denial-of-service attacks or other attacks intended to disrupt the website, application or related software, nor will you attempt to gain unauthorized access to the same, the accounts of other subscribers, nor any collected data of any Child or Children that is/are not yours, nor will you disseminate nor distribute the same should you have access thereto, either due to your efforts or otherwise, nor will you interfere with any other subscribers use of the Website, application or software. Without limiting the foregoing, you also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website or the application. You further acknowledge that use of the Company´s Website, application or Service in violation of any of the Terms shall permit the Company to immediately terminate your subscription, and suspend or definitely cancel any Service, without any refund whatsoever. You also acknowledge that the Company has the right, without prior notice to you, to change, add or remove features to or from the Website or application, and, that your remedy, should you not be satisfied therewith, is to cancel your subscription. You also acknowledge that the Company may or may not develop new versions of the application and/or the software (if applicable), and, that the Company is not obligated to make such new versions available to you, although the Company may do so, with or without additional charge.
WARRANTIES: SERVICES WILL BE PROVIDED WITHOUT ANY WARRANTY REGARDING RESULTS, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION. THE COMPANY DOES NOT WARRANTY THAT THE SERVICES WILL MEET PARENTS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, SUGGESTION, RECOMMENDATION, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY: IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACTUAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, OPPORTUNITY OR INCOME, LOSS OF DATA, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEBSITE OR APPLICATION. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $300 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICES OUT OF WHICH LIABILITY AROSE. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET OR THIS WEBSITE AND/OR THE APPLICATION.
INDEMNIZATION: You acknowledge that you will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors harmless from any claims, loss, damage, costs and expenses suffered due to the breach of these Terms, including any use of content other than as expressly authorized in these Terms, or otherwise resulting out of the use of the website, application, software or any other matter related to your subscription.
A. Personal Data will be processed for the following purposes:
1. To manage the pre-contractual and/or contractual relationship with you. If you do not consent to providing the mandatory and indispensable Persona Data requested, it will not be possible to fulfill the pre-contractual and/or contractual relationship with you, resulting in the Service provision not being possible.
2. To enable the Company to send you offers or advertising and promotional communications by any means (including email) concerning other products or services offered by the Company, or to carry out other marketing activities such as sending newsletters. In this respect, your expressed consent constitutes the legal basis for the processing, should you have granted it.
3. To retain your personal data in the event that the contractual relationship is not formalized, for the purpose of managing future requests you may make, and, if appropriate, sending you information improving the conditions of an offer you didn’t contract.
The Company will not collect financial information from you, such as your payment method (valid credit card number, expiration date or other financial information); that information is collected and stored by third party payment processing companies (such as PayPal). Use and storage of that information is governed by the payment processor’s applicable terms of service and privacy policies of those third parties.
B. Personal Data retention period
The Company may store your Personal Data for as long as the contractual relationship with you is in force and, once it is terminated, for as long as the applicable fiscal, economic, civil and criminal regulations are in effect. In addition, in the event that the contractual relationship with you is finally not formalized, the data retention period will be [two] years.
C. Recipients of the Personal Data
The Company shall not disclose Personal Data to any third party, unless required by applicable law, to provide the Services and in case of being required by competent authority.
MISCELLANEOUS: (i) Agreement. These Terms contain the entire agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth herein shall not be binding on either party. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. (ii) Law and Jurisdiction. These Terms and the provision and use of the Services are subject to laws of the State of Delaware without giving effect to the principles of conflicts of laws thereof. For the resolution of any conflict, dispute or controversy regarding the interpretation, performance or breach of these Terms or use of the Services, the parties submit to the exclusive jurisdiction of the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware (unless the Delaware Court of Chancery shall decline to accept jurisdiction over a particular matter, in which case, in any federal court within the State of Delaware), and each party waives (to the full extent permitted by law) any objection it may have to the laying of venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding has been brought in an inconvenient forum. The parties agree to use all reasonable efforts to resolve such issues amicably prior to initiating any legal action.
NOTICES / CONTACTING US: Any inquiries you may have concerning these Terms, or to provide any notice to us, should be directed to: 20900 NE 30 Avenue Suite 200, Aventura FL 33160, or you may contact us to firstname.lastname@example.org or to 786-5534546.
AGREEMENT BY YOU: By becoming a subscriber and/or accepting this Terms, you acknowledge that you have read these Terms, and, hereby accept and agree to be bound by and comply with these Terms. If you do not agree to these Terms, then you may not become a subscriber and you may not use the Company´s website or application.
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