This Terms of Service is a legal contract between you and Alienman Technologies LLC (“Alienman Tech“, “we“, “our“), governing your use of mobile software or web services or web software (“Where's My Droid”) owned, controlled or offered by Alienman Tech. PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING WHERE'S MY DROID, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING WHERE'S MY DROID IMMEDIATELY.
You acknowledge and agree that this contract is only between you and Alienman Tech and not any of Alienman Tech’s partners, distributors, promoters or service providers (collectively, “Distributors”). Should you have any issue or claim with respect to Where's My Droid, Alienman Tech, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained Where's My Droid from one of Alienman Tech’s Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to Where's My Droid.
Where's My Droid is licensed to you and not sold. Subject to the terms of this agreement, Alienman Tech grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use Where's My Droid solely for your personal or internal business purposes. You may use Where's My Droid on any mobile device legally under your control, for your personal or internal business use. You will retain all ownership rights in User Data (as defined below) that you transfer to Alienman Tech for use with Commander. When you submit User Data to Alienman Tech, you hereby grant to Alienman Tech, a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your User Data on and through our website on your behalf solely for the purpose of providing data to you though Commander. With respect to any open source or third-party code that may be incorporated in Where's My Droid, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.
Where's My Droid and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of Alienman Tech or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to Where's My Droid is granted to you, whether by implication, estoppel or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce Where's My Droid; (b) modify, adapt, translate or create any derivative works of Where's My Droid or attempt to do the foregoing; (c) attempt to circumvent or disable Where's My Droid or any technology, features or measures in Where's My Droid by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for Where's My Droid; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose Where's My Droid to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of Where's My Droid; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on Where's My Droid or used in connection with Where's My Droid.
Where's My Droid may allow the submission of content and materials by you where applicable (collectively”User Data“), and the hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them. Alienman Tech assumes no responsibility whatsoever in connection with or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. Alienman Tech does not endorse and has no control over the content of User Data submitted by other Users. Alienman Tech reserves the right to prevent you from submitting User Data and to restrict or remove User Data for any reason at any time. In addition, Where's My Droid may use data received or obtained from your wireless device to determine your location (“Location Data ”). By using Where's My Droid, you hereby consent and permit Alienman Tech to use Location Data in accordance with the terms of our Privacy Policy, including accounts used by children under the age of 13 (see Section 5 below for more information on collection of data from children under the age of 13). Alienman Tech does not make any representation, warranty or guarantee of accuracy, completeness or timeliness of with respect to any Location Data.
Alienman Tech’s Privacy Policy is hereby incorporated into this Agreement by reference. Please read this Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and restrictions on the use of your account password. By using this service, you consent to Alienman Tech’s collection and use of User Data as described in the policy in place at the time when data is collected.
When using Where's My Droid, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the ” Guidelines“), which are also hereby incorporated by reference into this Agreement.
The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our app and web site services. We describe our practices for collecting information from all account users in our Privacy Policy. By registering devices primarily used by children under 13 years of age, you agree to permit Alienman Tech to collect the information necessary use Where's My Droid on the child’s device. If you have questions please contact us at help@alienmantech.com.
Alienman Tech may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the WheresMyDroid.com site, and you agree to be bound by any changes to the Terms of Service when you continue to use Where's My Droid after those changes are posted.
We offer multiple versions, a restricted free version (“Free”) with a limited set of features, a one-time paid version (“Pro”) with additional features, and a subscription paid version ("Elite"). In the event you choose to purchase Pro for Where's My Droid, you will be billed one time either through your credit card (“Credit Card Billing”) or through your wireless device operator (“Operator Billing”). In the event you choose to purchase Elite for Where's My Droid, you will be billed on a reoccurring biases based on the date that you purchase either through your credit card or through your wireless device operator. You may cancel your subscription at any time and will continue to have access to the Elite features until the end of the current billing cycle. If you have questions or problems, you can contact us at sales@wheresmydroid.com.
Refunds will be handled on a case-by-case basis. Refunds will only be granted if there is an issue with the additional features of Pro and after the user has followed troubleshooting procedures. Refunds will not be granted if there is an issue with Free features of the app. Refunds can not for any reason be granted after 6 months from date of purchase.
Refunds will not be granted for any reason for an Elite subscription. In the event you wish to cancel your subscription you will have access to the Elite feature until the end of your current billing cycle.
Support to all users will be provided via email at support@wheresmydroid.com. Pro and Elite users will get priority support. Priority support is defined as answering their emails as soon as possible during normal business hours of Monday through Friday from 10am to 5pm CDT. No guarantee is made to response time of any such email.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. use Where's My Droid for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
2. use Where’s My Droid to track, monitor, or spy on an individual without their permission;
3. remove, circumvent, disable, damage or otherwise interfere with security-related features of Where's My Droid, features that prevent or restrict use or copying of any content accessible through Where's My Droid, or features that enforce limitations on use of Where's My Droid;
4. intentionally interfere with or damage operation of Where's My Droid or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
5. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or
6. use any robot, spider, scraper or other automated means to access Where's My Droid for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Where's My Droid or modify Where's My Droid in any manner or form, nor to use modified versions of Where's My Droid, including (without limitation) for the purpose of obtaining unauthorized access to Where's My Droid.
Where's My Droid may include links to other web sites or services solely as a convenience to Users. Alienman Tech does not endorse or make any representations regarding any such linked sites or the any information or materials accessible through other linked sites. Alienman Tech disclaims all liability relating to your use of such linked sites.
If Where's My Droid is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of Where's My Droid by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
Where's My Droid originates in the United States, and is subject to United States export laws and regulations. Where's My Droid may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, Where's My Droid may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of Where's My Droid.
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit Alienman Tech to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to DISCLAIMERS: NO WARRANTIES, INDEMNIFICATION: HOLD HARMLESS, AND LIMITATION OF LIABILITY AND DAMAGES.
WHERE'S MY DROID AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH WHERE'S MY DROID ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALIENMAN TECH, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ALIENMAN TECH AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN WHERE'S MY DROID WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT WHERE'S MY DROID OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT WHERE'S MY DROID WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
You agree to indemnify, defend, and hold harmless Alienman Tech, its affiliated companies, and its suppliers and partners from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of Where's My Droid, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. Alienman Tech reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALIENMAN TECH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF WHERE'S MY DROID, EVEN IF ALIENMAN TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ALIENMAN TECH’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING WHERE'S MY DROID DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.