Last Updated on May June 10, 2018
This Terms of Service agreement (“Terms of Service”) is a binding agreement between you ("you") and ArmourGrid, Inc. ("Company", “ArmourGrid”, “we”, or “us”) located at 2700 Patriot Blvd., Suite 250, Glenview, IL 60026, USA. This Agreement describes the terms and conditions applicable to your access and usage of the www.kuvrr.com ,www.kuvrr.com/family, mobile or digital software (the “Family Kuvrr”) or any of our web and/or mobile services available through or in connection with the Family Kuvrr (collectively, the “Service”). The Service is licensed, and not sold, to you.
1. Representations and Warranties
This Agreement applies to all visitors, users, and others who access or use the Service (“Users”). Your access and usage of our Service signifies your binding acceptance this Agreement including any modifications ArmourGrid may make from time to time. This agreement also contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes instead of jury trials or class actions. Your access and usage of our Service signifies your consent and binding acceptance to this Agreement.
We may amend this Agreement at any time by posting the amended Agreement on our website at https://www.kuvrr.com/terms-of-use
and you agree that you will be bound by any changes to this Agreement. For your convenience, the date of last revision is included at the top of this page. ArmourGrid may make changes to the Agreement and/or to the Service at any time. You understand that ArmourGrid may discontinue or restrict your use of the Service for any reason or no reason with or without notice.
ArmourGrid provides you with the ability to collect certain information or to remotely manage the mobile devices, depending on the features of the Service you may have subscribed to and enabled. The Service may also provide you with features which may collect text, phone calls, browsing history, applications and other sensor data from your device to share it with other Users depending on the feature access level that you provided to those Users (the “Device Usage”). By accessing or using the Service, you hereby warrant, represent, covenant and certify the following:
a. All information that you provide to ArmourGrid is true and accurate, including, without limitation, the phone numbers, email and other related information.
b. You will not use the Service, Device Usage or Device Controls in violation of any Federal, State or local law, rule, ordinance or governmental regulation you are subject to. Notwithstanding the foregoing, ArmourGrid is not responsible for your access or use of the Device Usage or the Device Controls;
c. You consent to ArmourGrid taking all actions as directed by you through the Device Controls with respect to the mobile devices on which you may have installed Service
d. You will not use the Service to monitor the activities of any person that is 18 years of age or older without consent of that person or any person under the age of 18 without the consent of that person’s parent or guardian’s consent;
e. You agree that ArmourGrid is not responsible or liable in any manner for any content you encounter through the Device Usage. ArmourGrid is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through the Device Usage. You further agree that ArmourGrid is not responsible or liable in any manner for any such actions you direct ArmourGrid to take through the Device Controls.
f. You will not copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
g. You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
h. You will not transmit spam, chain letters, or other unsolicited email;
i. You will not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
j. You will not take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
k. You will not upload invalid data, viruses, worms, or other software agents through the Service;
l. You will not collect or harvest any personally identifiable information, including account names, from the Service;
m. You will not use the Service for any commercial solicitation purposes;
n. You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
o. You will not interfere with the proper working of the Service;
p. You will not access any content on the Service through any technology or means other than those provided or authorized by the Service;
q. You will not bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
r. You agree that you will not (a) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (b) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Service.
2. Rules of Service
You hereby affirmatively represent that (a) you have all the applicable rights and authority to enter into a binding contract with the Company; and (b) You are in compliance with all applicable local, state, national, and international laws, rules and regulations; and (c) You have never been removed from the Service by us; (d) you have read, understood, and agree to be bound by this Agreement; and (e) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
3. Account Security
(i) To access the Service, you must have an account. You can create an account by completing the registration process for the Service.
(ii) Accounts give you access to the Services and related features and functionality that we may establish and maintain from time to time and in our sole discretion.
(iii) You shall not share or transfer any account. You shall not disclose your password to anyone else.
(iv) You are strictly prohibited from using another User’s account without permission.
(v) You are entirely responsible for maintaining the confidentiality of the account password and you are solely responsible for all the activity that occurs on your account. (vi) You agree to notify ArmourGrid immediately if you believe that an account password may have been compromised or any breach of account security or unauthorized access to your account.
(vii) ArmourGrid shall not be liable for any losses, damages or issues caused by the unauthorized use of your account.
4. Personal Information
The integrity and security of your personal information is very important to us. However, ArmourGrid cannot guarantee: (i) security of your account and personal information; or (ii) use of your personal information for improper and/or illegal purposes by unauthorized third parties.
5. User Generated Content
ArmourGrid does not claim ownership of any materials, posts, text, audio, video content or any other content (“User Generated Content”) you make available through the Service. ArmourGrid’s has the right (but not the obligation), at its sole discretion, to remove any User Generated Content. With respect to User Generated Content you submit or make available for inclusion through the Service, you grant ArmourGrid a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such User Generated Content or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license specified in this Section 5.
You agree that you will not under any circumstances upload, post or transmit any content that:
a. is unlawful or promotes unlawful activities;
b. is or contains sexually obscene content;
c. is harmful, discriminatory, libelous or fraudulent;
d. is or abusive, defamatory, racially or ethnically offensive, toward any individual or group;
e. contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system)
f. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
g. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
h. interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity.
You affirm and agree that that ArmourGrid shall not be liable for any damages you allege to incur as a result of User Generated Content posted by you or third party through the Service.
Company may send you communications related to the Service which may include but not be limited to performance of the Service, enhancements, changes, or improvements to the Service to the email address you have provided. This may also include any communications and/or notices that may be required by law, in-lieu of communication by postal email. You may opt out by unsubscribing from such email communications from Company, however please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Kindly also note that we don’t sell your phone number, email address or any of your other personal information to anyone.
We may also ask you or you may choose to give us feedback, comments, suggestions (“Feedback”) about our Service or products. You consent and agree that any Feedback shared by you with us is without restrictions, unsolicited and does not obligate the Company in any way. Company shall be able to use the Feedback as it deems fit without any compensation or any obligation to you. You also agree that even if the Company accepts your Feedback, the Company does not waive any rights to use similar or related ideas which may have been known to the Company through sources other than you.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Generated Content or any User Generated Content or other information that is submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
9. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE, ETC.)WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (III) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Some states do not allow for the disclaimer of certain warranties, so the disclaimers above may not apply to you.
Feedback consists of any of Your suggestions, comments or other feedback, whether it is required or provided on a voluntary basis, relating to the Service (“Feedback”). If You provide ArmourGrid with any Feedback, as required or on a voluntary basis, as part of Your use of the Software and Services, You agree that: (a) ArmourGrid may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any ArmourGrid product, specification or other documentation; and (b) You will not give ArmourGrid any Feedback (1) that You have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (2) that is subject to license terms that seek to require any ArmourGrid product incorporating or derived from any Feedback, or other ArmourGrid intellectual property, to be licensed to or otherwise shared with any third party. You also grant third parties, without charge, those patent rights necessary to enable their products to use or interface with any specific parts of a ArmourGrid product that incorporate the Feedback.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE (E.G., DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE, ETC.); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
12. Governing Law
You agree that: (i) the Service shall be deemed solely based in Illinois; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Illinois. This Agreement shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Cook County, Illinois for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. In the unlikely event that Company has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Cook County, Illinois, unless you and Company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of Company’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
14. Entire Agreement
This Agreement is the entire agreement between You and ArmourGrid relating to the Services. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties.Please contact us at email@example.com with any questions regarding this Agreement.
15. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
16. Additional Terms and Conditions
Apple iTunes App Store Requirements. If the Software is downloaded from the Apple iTunes App Store (“App Store”), You acknowledge and agree to the following additional terms: (a) This Agreement is between You and ArmourGrid only, and not with Apple, Inc. (“Apple”) and Apple has no liability for the Software and its content; (b) Your use of the Software is limited to use on an Apple-branded product running the iOS operating system that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; (c) Apple has no obligation to furnish any maintenance and support services with respect to the Software; (d) in the event of any failure of the Software to conform to any applicable warranty that has not been disclaimed, (i) You may notify Apple, and Apple will refund the purchase price You paid through the App Store for the Software and (ii) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Software; (e) Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses relating to the Software or Your possession and/or use of the Software, including, but not limited to (i) product liability or warranty claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement and (iii) consumer protection or similar claims; (f) Apple is not responsible for investigating, defending, settling or discharging any third party claims that the Software or Your possession and use of the Software infringes such third party’s intellectual property right; (g) You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; (h) should You have any questions concerning this Agreement, or if You desire to contact ArmourGrid for any reason, please write to ArmourGrid Customer Service, 2700 Patriot Blvd., Suite 250, Illinois 60025, USA (i) You are responsible for complying with any applicable third party terms of agreement when using the Software; and (j) Apple and its subsidiaries are third party beneficiaries of this Agreement; as a third party beneficiary, Apple will have the right to enforce this Agreement against You.