Welcome to our SavvyParent mobile application for monitoring and regulating a child's smartphone usage ("Application"). By using this Application, you agree to be bound by these terms and conditions ("Terms").
1. Use of Application
1.1 The Application is intended to be used solely by parents or legal guardians ("Parents") for the purpose of monitoring and regulating their child's smartphone usage.
1.2 The Parents must ensure that their child is aware that their smartphone usage is being monitored and regulated using this Application.
1.3 The Parents are solely responsible for the use of the Application and the data collected through the Application.
1.4 The Parents must not use the Application for any kind of spying purpose. The use of the Application must be solely for the purpose of monitoring and regulating their child's smartphone usage.
1.5 The Parents must not share their login credentials with anyone else.
1.6 The Parents must not use the Application on any device of any adult
2. Data Collection and Privacy
2.1 The Application collects data from the child's smartphone, including but not limited to location tracking, list of applications in the smartphone, time usage data for all apps, and health details such as step counter.
2.2 The Parents acknowledge that the data collected by the Application may include personal information of their child. The Parents agree to obtain all necessary consents from their child for the collection and processing of their personal information.
2.3 The data collected by the Application will be stored securely and will be accessible only by the Parents.
2.4 The Parents acknowledge that the data collected by the Application will not include the contents of messages, browsing history, in-app purchases, or recorded calls.
2.5 The Parents acknowledge that the data collected by the Application may be used for research purposes. The data will be anonymized before being used for research purposes.
2.6 The Parents agree that the data collected by the Application may be shared with law enforcement authorities if required by law.
3. Intellectual Property
3.1 The Application and all content included in the Application, including but not limited to text, graphics, logos, images, and software, are the property of the SavvyParent owner and are protected by copyright and other intellectual property laws.
3.2 The Parents may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Application.
4. Disclaimer of Warranties
4.1 The Application is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.2 The SavvyParent owner does not warrant that the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application or the server that makes it available are free of viruses or other harmful components.
4.3 The Parents use the Application at their own risk.
5. Limitation of Liability
5.1 The SavvyParent owner shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Application.
5.2 The Parents acknowledge that the Application is provided for informational purposes only, and the SavvyParent owner does not provide any guarantees, warranties, or assurances as to the accuracy, completeness, or suitability of the information provided through the Application. The SavvyParent owner shall not be liable for any errors or omissions in the information provided through the Application.
5.3 The Parents acknowledge that the Application relies on the proper functioning of their child's smartphone and network connectivity. The SavvyParent owner shall not be liable for any disruptions or outages in network connectivity or any issues arising from the malfunctioning of the child's smartphone.
5.4 The Parents acknowledge that the Application may not be able to detect all forms of smartphone usage, and the SavvyParent owner shall not be liable for any inaccuracies or omissions in the data collected through the Application.
5.5 The Parents agree that the total liability of the SavvyParent owner, whether in contract, tort, or otherwise, shall not exceed the amount paid by the Parents for the use of the Application.
5.6 The limitations of liability set forth in these Terms shall apply even if the SavvyParent owner has been advised of the possibility of such damages and even if such damages arise from the negligence or fault of the SavvyParent owner or its affiliates.
5.7 The limitations of liability set forth in these Terms are fundamental elements of the bargain between the Parties and shall apply to the fullest extent permitted by law.
6. Indemnification
6.1 The Parents agree to indemnify, defend, and hold harmless the SavvyParent owner, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to:
(a) the Parents' use of the Application;
(b) the Parents' breach of these Terms;
(c) the Parents' violation of any law or regulation; and
(d) any claim by a third party that the data collected through the Application infringes the third party's rights.
6.2 The SavvyParent owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Parents. The Parents agree to cooperate with the SavvyParent owner in asserting any available defenses.
6.3 This indemnification clause survives the termination of these Terms.
