Terms of use

These terms and conditions are binding.

Welcome to the mykidsguard.com website (hereinafter - the “Site”, “Website”).

The contents on this website are provided by Altercon Group s.r.o., registered address: Londynska 730/59, Vinohrady, 120 00 Praha, Czech Republic, reg. number 06746764 (hereinafter referred to as “We,” “Us,” “Our”, “Mykidsguard”).
By using the Website and Mykidsguard Service, you agree to be bound by the following Terms of Use.

Integral parts of this Terms of Use are Privacy Policy, End User License Agreement, Refund Policy, Compatibility Policy, Cookie Policy.

These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Site, the Mykidsguard software (hereinafter - the “Software”) and services, that are provided by the Mykidsguard (hereinafter collectively “Mykidsguard Services) made available through or in connection with the Site (hereinafter - the “Service”). These ToU set forth the terms and conditions under which Mykidsguard provides you access to the Site and the Mykidsguard Services.

your use of the site and/or the mykidsguard services signifies that you agree to these tou and constitutes your binding acceptance of these tou, including any modifications that mykidsguard makes from time to time. we will inform you about any modifications that occur in the essential parts of the tou and ask implied consent. this means that if you continue to use the software and service, you agree with these modifications.

Definitions

Mykidsguard software - a mobile application and/or a computer program, description and features of which are provided on the Site. Mykidsguard software is consisted of server and client parts. An access to the server part is executed through web interface on the Site. The client part is provided as .apk file, which is installed on a target device with Android operational system. In case with iOS target device there is not obliged to install any application on the target device to Software working, that is mean an information collecting and features using are executed with assistance of the server part only, by the way of target device iCloud login and password entering in the Control Panel.

Subscription - periodic payments for Software using and/or providing Services on a periodic basis.

Target device - smartphone, tablet, mobile phone or other similar device, on which the client part of Software is installed (in case with Android) or to which Software is connected through Control Panel (in case with iOS).

Payment information - User full name, e-mail, credit/debit card data, and other information, which may be necessary for payment for Mykidsguard Services.

Payment service provider - is a financial institution, which processes payments for Mykidsguard Services, with which the Mykidsguard concluded a payment processing agreement.

Lawful access to a target device - user’s access to a target device, which is owned by this user, as well availability other legal grounds on collecting and processing information from the target device.

Cloud control - control of an account, application and program, which is executed with the assistance of cloud technologies, without physical intervention to a target device working and/or the software installing.

Subscription month – paid subscription period that consists of 28 calendar days. This applies only to 1-, 3- and 6-months subscription plans. 12-months subscription lasts one calendar year (366 days).

General provisions

The Site and the Mykidsguard Services shall be used only in such cases:

• with the aim of parental control;
• by the user on their own devices.

The main aim of Software development and providing is security ensuring of property and/or life and health of children and incompetent persons.

To purchase and use the Mykidsguard Service, you are required to create an account on the Site by providing personal information such as your email address, Billing Information, and the Payment Method.

After the account registration, we will only receive your ID and email details.

After account registration and Mykidsguard Service purchasing, you will receive URL-link for .apk file downloading in your Control Panel. For a target device and your Account synchronization, you have to click the link and download an .apk file on the target device, install it and provide necessary permissions to the installed application with the aim to activate declared features. In case with iOS target device, you have to specify its iCloud login and password in the Control Panel for synchronization of the target device and Control Panel.

By providing your payment information while purchasing the Software you are aware that Mykidsguard does not collect this information, it is the Payment Provider that receives payment details.

You are aware that Mykidsguard is not responsible for any third-party data leak in databases and/or DSN servers.

You will not use the Site or Mykidsguard Service in violation of any laws you are a subject to. Notwithstanding the foregoing, we are not responsible for the further use of the Mykidsguard and it’s your sole responsibility.

You consent to read the Compatibility Policy and to check the requirements of your target device according to the Compatibility Policy before placing the order at mykidsguard.com.

You understand that in the most cases you require physical access to the device to install the Software.

You will properly follow all instructions and documentation provided by Mykidsguard to you at mykidsguard.com.

You will not allow any other third party to access your account or to utilize the Software. In case the access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that Mykidsguard does not bear the responsibility, therefore.

You will only install the Software on the devices which you own.

We reserve the right to modify, terminate, or refuse the Mykidsguard Service to anyone for any reason and without notice at any time.

We reserve the right to alter these ToU at any time.

For activation some features of the Software, you have to root (for Android) or jailbreak (for iOS). You agree, that root or jailbreak procedure of a target device is your sole responsibility and you solely decide to do it or not. You are aware all consequences, which may be appeared due to rooting or jailbreak of a target device, and take upon oneself all risks and responsibility. If you bought a subscription by which is provided features that may be activated only with root or jailbreak of a target device, and after payment you have decided not to root or jailbreak the target device, it will not create grounds for a refund and\or changing your type of subscription. In this case you may upgrade to another type of subscription after the expiration of your subscription period, in which is not provided features mentioned above.

You can’t root or jailbreak a target device by the Mykidsguard Software. You have to install third-party software to root or jailbreak the target device. You are aware and agree that we will not able to as well as not to responsible for third-party software, with help of that you can root or jailbreak the target device, even in case, if we help with choosing such software.

Subscription

To subscribe to the Service, you should place the order.

There are provided several subscription plans on the Site. Subscription plans depend on your device, the number of features, which you may choose, and a subscription period.

You are allowed to have several subscriptions under the same account.

You have to buy one subscription for each target device.

While placing the order, you should complete the Billing Information and the Payment Method by providing your personal information.

Following the purchase of the Software, your credentials (login and password) will be sent to your email so you could access your Account/Control Panel.

We strongly advise you to download your private encryption key from the Control Panel or send it to the email indicated in your subscription. Save it or memorize it in case you need to reset your password or restore access to your account and subscription(s).

If you lose your private key, you will not able to reset a password or recover your access to your Account or subscription(s), and we will not able to help you with the access (data) recovering in this case, because we don’t store and remember private keys of users.

You may choose the subscription plans of the following duration – 1, 3, 6, or 12 Subscription months. 12-months subscription consists of 366 calendar days.

You are aware that you may use a client part of the Software for more than one target device when purchasing the subscription plan, but you have to reinstall it from the current device to the new one.

During a subscription payment you can purchase additional services. Payment price and conditions depend on chosen Services.

You understand and agree, that we are not liable for consequences of services rendered. In case, if the target device is harmed due to services rendered, we will not be liable for such harm.

Subscription automatically renews unless auto-renewal is turned off at least 24-hours before the end of the current subscription plan. We can charge you for the future payment subscription, if you didn’t turn off automatically renews, even if the Software was temporarily unavailable due to technical reasons. There will be provided special button to cancel automatically renews during the payment execution on the Site.

In case, if you didn’t turn off the subscription automatically renews, there will be charged for the next subscription period in the start of the next period. You can cancel a subscription through Control Panel or with assistance of our support team through Live Chat or e-mail. You understand and confirm, that if you forget to disable auto-renewal for new subscription period, it will not be a reason for refund. In case you are not disabling the auto-renewal for your order, you will be charged for the next subscription period. To unsubscribe, you need to contact the support team.

You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information.

You are solely responsible for the activity that occurs from your account and must keep your account password secure.

You may not share or transfer any account. You may not disclose your password to anyone else.

You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.

We will not be liable for any losses caused by any unauthorized use of your account.

You may interact with the Mykidsguard Service through your Account/Control Panel by changing settings that are made available to you.

You are responsible for all activities that occur under your Account.

You agree not to create or access an account using a false identity or information, or on behalf of someone other than yourself.

You agree not to create an account or use the Service if your Account has previously been removed by us, or if you have previously been banned from the Service.

You have the right to deactivate any account of yours at any time. You may deactivate any account registered to your name by following the instructions on the Site.

If you voluntarily terminate an account or allow that account to lapse, you may reactivate that account at any time through the Control Panel on the Site. Accounts terminated by Mykidsguard for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason. Upon any termination or suspension of the Mykidsguard Service, the monitoring of all devices on which the Software is installed shall cease. Any information you have submitted on the Site or that which is related to your account may no longer be accessed by you.

In case you forgot your password to the Account, you may restore the access with your private encryption key.

Support services

We try to help all of our users. You may get in touch with us about any matters, which belong to Mykidsguard Services via Live Chat or e-mail. Our assistance via Live Chat and e-mail are absolutely free for you.

Also, we may provide the Support Priority Line services via phone call and you can connect with us only on prepayment conditions. This means, that our Support Priority Line service via phone call is billable. You can order Support Priority Line service when you buy any of subscriptions on a checkout page. Support Priority Line is a subscription-based service that renews automatically at the end of the billing cycle. The standard billing cycle is 30 days. To utilize Support Priority Line, you have to request a callback via the Control Panel and we will call you within 20 minutes.

You may order mAssistance service on a checkout page when you buy any kind of subscription. If you want use mAssistance service, you should pay for this service on the one-time prepayment conditions. The mAssistance service is provided by Mykidsguard via phone and/or specific remote access software, and toward one target device only. If you lost the target device, or the target device or Mykidsguard application are damaged in consequences of rooting or jailbreaking, or there is any other reason for repeated rooting/jailbreaking/installing, and you need mAssistance again, you should make a payment for mAssistance one more time (one mAssistance service for one rooting/jailbreaking/installing). To make sure that after rooting session Mykidsguard works smoothly, our Customers are provided with a 2-month guarantee and 24/7 support of our Advanced technicians via live chat. Note that the rooting of your target device can be successful as well as not successful depending on the peculiarities of the model of the device. For a successful rooting session, we require the following: (i) Windows PC; (ii) Stable Internet connection; (iii) At least 2 hours of physical access to the target device (duration depends on the model of the device and Internet speed); (iv) At least 20Mb/s Internet speed. For the successful remote installation/reinstallation session we require: (i) Target device with the screen unlocked; (ii) At least 10 minutes of physical access; (iii) Stable Internet connection. During the rooting session the following data may be required: PIN code, screen unlock password, linked Google account credentials, Wi-Fi password.

We provide our Support Services in English, Turkish, French and Portuguese only. Not knowing any of these languages is not a reason for a refund.

Billing procedure

All accounts are set up on a prepaid basis. We must receive payment before any billable product or service is provided and/or activated. You are required to keep valid credit/debit cards on file to charge for any recurring monthly subscription fees and one-time or multi-pay consulting fees.

Your subscription is NOT based on how much you use (or do not use) the Software but instead is based on the availability of Mykidsguard Services. If you want install the Software on additional devices, you have to purchase additional subscriptions.

You are responsible for keeping all credit/debit card details and contact information current within using the Mykidsguard Service.

Periodically you have to check your account profile withing Mykidsguard Service using to make sure that information is current.

Auto Upgrade is enabled by default. After payment execution for a subscription, you will receive a payment notification from us. All your receipts are available by request. Cost of Mykidsguard Services are included in subscription price, but in some cases additional costs are possible. We charge additional costs for technical assistance providing on issues of the Software installing and for Support Priority Line.

Methods of payment. We will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires explicit written consent, which shall be given in our sole discretion. For payment making you have to specify your Payment Information (card number, CVV code, expiry date) and choose necessary payment method.

Billing cycle

Recurring Billing Procedure. We will be charging you at the beginning of your respective billing period (the “payment date”). For your convenience, we will automatically charge your credit/debit card for subscription payment terms according to the appropriate subscription plan (after 1-, 3-, 6- or 12 Subscription months, depending on your subscription plan).

If your card on file is declined for any reason, we will attempt to re-run the charge for the cards on file up to five (5) more times within the following thirty (30) days. If we will not be able to charge funds from your card within time mentioned above, your account will be cancelled.

Insufficient funds. In the event that there are insufficient funds on your accounts/cards, we reserve the right to provide you with a discount on any type of purchase and charge the subscription payment with a discounted price. This may concern the initial payment, subscription renewal, or upgrade, including the renewal and upgrade done through the Control Panel.

• If we try to charge your payment and there are insufficient funds on your card, we may give you a 25% discount, and you will be charged only 75% of the subscription price. If after the provided 25% discount there are still insufficient funds on your card, we may try to provide you a 50% discount, and you will be charged only 50% of the subscription price. If we are not able to charge funds from your card with the discounted prices specified above, your account will be cancelled.
• If we are able to charge funds from your card with a discounted price (75% or 50%), Mykidsguard software will be provided to you for the subscription period proportional to the applied discount (75% or 50% of the time from the chosen subscription period, respectively).
• If you obtained a discount in the scope of our marketing promotions, which gives you the right to purchase the Mykidsguard software at a discounted price, and in time of the purchase there are insufficient funds on your accounts/cards, we reserve the right to provide you an additional discount and charge subscription payment in accordance with the cl. 6.3.1 and 6.3.2 of this ToU.

Software application

The Software may only be used in connection with the Service End User License Agreement, and rules, restrictions or documentation set forth by Mykidsguard from time to time.

You understand that Mykidsguard, in its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the functionality of the Software. In this case, the information you may have already accessed will become unavailable without prior notice.

Mykidsguard reserves the right to add or remove features or functions to the Software at any time in its sole discretion.

You may use basic features package on a device without jailbreak (iOS) or rooting (Android). In case you want to have access to premium features in any other packages, you may need to jailbreak (iOS) or root (Android) the device, which is a legal procedure according to the applicable law. According to exemptions, which were adopted to the Digital Millennium Copyright Act by the Librarian of Congress https://www.govinfo.gov/content/pkg/FR-2018-10-26/pdf/2018-23241.pdf, a jailbreaking and rooting are lawful in specific cases.

If your device was unlinked from the Software due to the update of your device's operating system, you may address customer service at [email protected] to link it again. You should remember that you may lose the warranty for your target device operation system and when you re-link it you do it at your own risk. In case you have any technical question, please contact customer service at [email protected].

Acceptance

By using our Site and/or the Mykidsguard Service you confirm that you have read and consent to these Terms of Use as well as the End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy, and Compatibility Policy.

We may revise these Terms of Use, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy, and Compatibility Policy at any time, without notice, and the new versions will be available on the Site.

If at any point you do not agree to any portion of these Terms of Use, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy and Compatibility Policy, you should immediately stop using the Site and/or Mykidsguard Service.

Security

We care about the integrity and security of your personal information.

You acknowledge that you willingly provide your personal information to Mykidsguard and the Payment Provider while placing the order for the Product.

You understand that we may use your personal information to contact you with newsletters, marketing or promotional materials and other information related to the Mykidsguard Service. The user always has an option to unsubscribe.

Please, kindly read our Privacy Policy for getting more details about our rules of personal data processing and its secure storing.

You agree that you are obliged to retain the private encryption key provided to you by Mykidsguard.

Mykidsguard is not able to collect and/or store in its database any exported logs and data from a target device with the use of the Software in case (i) the data is older than 3 (three) months; (ii) your account has been expired.

Upon the expiry of your account, all logs and data exported from a target device with the use of the Software will be deleted within 1 (one) month. According to our legitimate interests and your convenience, we have right to not remove your account, even if you don’t use it.

We do not control, monitor and/or is not aware of how the user exploits the Software application. We may not be held responsible for the inappropriate use of thereof. It is at a user’s risk and responsibility.

You acknowledge that Mykidsguard does not encourage its users to exploit the Mykidsguard Service illegally.

Requirements to a user

When placing an order for the Software, you acknowledge and agree that you are of the age above 18.

When you are installing the Software to a device, you acknowledge and agree that you are a parent to your minor child or guardian of a ward; (ii) you are an owner of this device.

Compatibility of target device

You are aware that before placing an order for subscription you have to carefully read the Compatibility Policy.

You are aware that before installing the Software you have to check the requirements for the compatibility of your target device.

In case your device is not in line with the Compatibility Policy, you may not install and use the Software application.

In case you have failed to comply with the Compatibility Policy before acquiring the subscription, you agree that it is your responsibility and you will not be refunded.

In case you have failed to comply with the Compatibility Policy before the installation, you agree that it is your responsibility and you will not be refunded.

You understand that in case your device is compatible according to the Compatibility Policy, you are to jailbreak or root your device (if needed) in order to use the Software.

Software updates

In an effort to improve the Mykidsguard Service and error fixing, we may update the Software application from time to time.

You acknowledge and agree that we may update the Software with or without notifying you.

You acknowledge and agree that we may request you via email or Control Panel to update the Software application on a target device.

You understand and agree, that we are not liable for any damage and harm caused to a target device due to software update.

Refunds and returns

We warrant refunds in case, if you are not satisfied of the Software in any reason, but this is not mean, that refunds may be in any cases. Your eligibility for a refund may depend on the Product package, subscription plan, how much time passed since the transaction, etc. More details you can find in our Refund Policy, which we recommend to review before you start using Mykidsguard Services.

Intellectual property

Copyright. The Site, Service, and Software are protected by the applicable law and international copyright laws.

All intellectual property in the design and layout of this web site and the material or information published on its pages belongs to and is vested in Mykidsguard or its licensors. You may not copy any part of this site or otherwise do anything in relation to any part of the site other than the following:

You may print or download pages from this website to a local hard disk for your personal and non-commercial use only;

In materials issued to third parties, you may only quote the content from this site, provided that such quotes are not used in a misleading context and that you give due credit to both the author and to Mykidsguard.

You may not otherwise use or reproduce any part of this web site or the materials contained within it in any manner other than those listed above and without first obtaining the prior written permission of Mykidsguard.

Any images that appear on this website with an acknowledgement to the Licensed Material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction, or other use of the Licensed Material.

Disclaimer of warranties. to the maximum extent permitted by law

the site and the mykidsguard service are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. mykidsguard makes no warranty as to the accuracy, completeness or reliability of any content available through, or the performance of, the site or the service. you are responsible for verifying any information before relying on it. use of the site and/or the service is at your own risk. we do not warrant that you will be able to access or use the site and/or service at the times or locations of your choosing; that the site or the service will be uninterrupted or error-free; that defects will be corrected; or that the site or the service are free of viruses or other harmful components.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

Limitation of liability. sole and exclusive remedy

to the maximum extent permitted by law, mykidsguard, its affiliates, licensors, and business partners (collectively, the “related parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, the software and/or service, even if we and/ or related parties have been advised of the possibility of such damages.

without limiting the foregoing, in no case shall the liability of mykidsguard or any of the related parties exceed the greater of $50 or the amount that you paid to us or our designees during the six (6) months prior to the time the cause of action giving rise to liability arose.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Mykidsguard and its affiliates shall be limited to the fullest extent permitted by law.

mykidsguard is not responsible for using the software and\or site by users unlawfully and with unlawful aims. the software and\or services are provided and developed with security aims only and cannot be used with violation of rights, freedoms and interests of third parties. mykidsguard doesn’t know and cannot know how users use the software and/or services. if you got to know, that the software and/or services are used or were used unlawfully, you can notify us and we will adopt the best efforts to stop the unlawfully software and/or services using.

Indemnification

You agree to indemnify, defend, and hold Mykidsguard and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site, the Software and/or the Service or any breach by you of these ToU or any other policies that we may issue for the Site, the Software and/or Service from time to time.

Assignment

Mykidsguard may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.

You may not assign the ToU without our prior written consent, and any unauthorized assignment by you shall be null and void.

Miscellaneous

If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

Failure or delay by Mykidsguard to enforce compliance with the ToU does not constitute a waiver of these ToU.

The express waiver by Mykidsguard of any provision, condition, or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

All notices given by you or required under this ToU shall be written and addressed to:

[email protected] - for any technical requests.

[email protected] - for any legal requests.

[email protected] - for personal data and privacy matters (Data Protection Officer).

All Policies and other documents, which are placed on the Site, are integral parts of this Terms of Use.

The Service may be terminated upon the expiration of the subscription.

We reserve the right to deny service to any user at our sole and absolute discretion.

The Mykidsguard Service is offered with the understanding that we may terminate any subscription and/or your access to the Mykidsguard Service at any time, for any appropriate reason, including without limitation for any violation of these ToU.

We may stop offering and/or supporting the Mykidsguard Service at any time.

We reserve the right to deny service to, or if applicable, terminate the service of any user, including without limitation a user that attempts to monitor the device of an individual, who has not provided their consent. In this case, we reserve the right to block all accounts associated with such potential violating user.

These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.

This ToU is regulated by the laws of Czech Republic. Any disputes should be resolved by the appropriate courts of Czech Republic.

In case the laws of your state or country do not permit you to use the Software application completely or only some of its features, hereof you acknowledge and agree that it is upon your responsibility.

For more information, please contact us by email [email protected].

The last update of this Terms of Use is 6 May, 2021