FLASHGET KIDS end user license agreement (EULA)

Effective date: August 17, 2023

This End-User License Agreement (“EULA”) is a legal agreement between you (“User”) and [Hongkong FlashGet Network Technology Co., Ltd.], a technology company (“Company”), governing the use of the FlashGet Kids Application (“Application”). By downloading, installing, accessing, or using the Application, you agree to be bound by the terms and conditions of this EULA.

Definition

In this Agreement,

1. 1The “Website” means the https://parental-control.flashget.com/ website and domain name and any other linked pages, features, contents, or application services (including but not limited to any mobile application services) offered from time to time by the Company in connection therewith.
2. The “FlashGet Kids Services” or “Services” mean all software, products, services, websites, and relevant contents provided by the Company.
3. The “FlashGet Account” or “Account” means the user’s account created by the user when using Services, the username and password of which can identify You.
4. The “FlashGet Contents” or “Contents” mean all materials offered, displayed, or performed on the Services, including, but not limited to, software, text, graphics, articles, photographs, images, illustrations, etc.
5. “Third Party Services” mean third-party websites, services, and/or contents not owned or controlled by the Company during the Services.
6. “Affiliates,” as used in this Agreement, refers to businesses that either control the Company directly or indirectly, are controlled by the Company, or are under joint control with the Company. In this context, “control” signifies the capacity to govern the management or operations of a business, whether that control is exercised through direct or indirect voting rights acquired via contracts or other means.

Registration and Account Management

Registration and Acceptance

Your acceptance of this Agreement is signified through the completion of the registration process. The Company retains the sole discretion to approve or reject your online registration without any obligation to provide reasons for such decisions.

Collection and Usage of Registration Information

To complete the registration, we will gather specific information from you (“Registration Information”) within reasonable limits. The collection and use of this information are managed by the Flashget Privacy Policy. We strongly recommend reviewing this Privacy Policy before submitting any information.

Accuracy of Registration Information

You are responsible for providing accurate, up-to-date, and complete Registration Information. You are solely accountable for updating the Registration Information when necessary. Should we identify any incompleteness, inaccuracy, or outdated information, we hold the right to decline your registration or restrict your access to Services.

Password Confidentiality

During the signup process, you must use your email address as your username and establish a password to create and gain access to your Flashget Account. The responsibility for managing your Flashget Account and maintaining your password’s confidentiality lies solely with you. You must use, preserve, and manage your Flashget Account and password correctly. You should not share your Flashget Account and password with anyone, nor should you log in or use other people’s Flashget accounts and passwords on your device. If any leakage, loss, or theft of your or others’ account(s), password(s), device information, data, privacy data, or property occurs due to your non-compliance with this Agreement and is not due to our fault as defined by law, you will bear all the losses and damages.

Necessary Rights

By using our service, you grant us the necessary rights to ensure the security of your Account. We may, from time to time, check and confirm the security status of your Account usage through various methods, including but not limited to, contacting you for user verification, SMS verification, email verification, and password change. If you fail to verify or refuse verification without justifiable reasons, we reserve the right to reasonably presume your Account to be in an abnormal or frozen state, and may suspend the Services for your Account or take further actions.

Account or Password Disclosure

If you discover that your Account has been compromised or your password has been leaked, you should immediately inform us to prevent any unauthorized usage of your Account or any other actions that might result in loss or damage to any party. Regardless of whether you have been informed, you may be held responsible for any loss or damage caused to us or any other party due to the unauthorized usage of your Account by a third party.

Account and Password Retrieval

If you lose your Flashget Account information or forget your password, preventing you from logging into Flashget, you are required to provide relevant information and documentation as per our posted instructions for account recovery in order to retrieve your account or password. You must ensure the authenticity and validity of the information and documentation provided. If the materials you provide are false or insufficient and fail our security check, you may not be able to recover your account, and you bear all corresponding risks and losses. You understand that we need a reasonable amount of time to process your recovery request, and except in cases where we are at fault as defined by law, we are not responsible for any losses or damages you incur.

Payment

You are responsible for paying, filing, and reporting all taxes, duties, and other government assessments associated with your activity in relation to the Services.

Application Features

This Application provides certain features devised to safeguard users’ children. It can operate on systems including Andriod and iOS (iPhone and iPad).

Live Monitoring

Screen Mirroring: The parents can supervise their kids through P device (Parent device) by screen displaying provided by K device (Kid device). The K device’s microphone can be enabled/disabled.

Remote Camera😛 device can get a real-time viewing from the K device’s camera. Meanwhile, the parents may choose turn on/off the sound and flashlight in K device.

One-Way Audio: This allows parents access to the surrounding sounds of the K device with the recording function.

Live Location

Live Location: Provide viewing of the real-time location of the K device constantly.

Route History: Provide statistics of the historical location of the K device, retaining records for the past two weeks.

Geofence:Enable the parents to set a limited zone for the K device, with a center coordinate and Geofence radius ranging from 100 to 1,000 meters. An alert notification will be sent once the K device enters or exits a geofence,. Parents can check the records of a specific geofence or the overall status of the K device (inside any geofence or outside all geofences).

Device Usage Limit

Disable All Apps: Forbid opening any application on the K device.

Screen Time Limits: Set a schedule for screen usage during specific periods.

App Time Limits: Set time limits on single or multiple apps during specific periods.

Always Allow: Allow chosen applications without restrictions (app allowlist).

Forbid New Apps: Forbid newly installed applications.

Apps List: Display installed applications categorized by the name, class, age rating, developer, installation time (obtained from Google Play), and notifications.

Notifications: Allows viewing reports from various applications on the K device (limited to system notifications).

Alerts: Send alerts to the P device when abnormal behaviors occur on the K device, including new app installations, Geofence entry/exit, low battery level, long-term absence of data transmission from the P device, and unauthorized permissions on the K device.

Usage Report: Provides usage reports, allowing parents to view statistics for a single day or week, including duration on screen and apps, app notifications, and opening.

Rules for Service Usage

You acknowledge and agree that the service and its content are provided for your personal, non-commercial use only and should be used by the terms of this agreement and the privacy policy, provided you adhere to these terms. You are not permitted to share your account with others, including but not limited to transferring, renting, lending, sharing, selling, or sublicensing your FlashGet account and password to others, nor are you allowed to log in or use another person’s FlashGet account and password on your device. If you breach these rules, you will be responsible for any legal consequences and liabilities that arise, and we reserve the right to suspend or terminate the services provided to you.

Support and Upgrades

This agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes (collectively referred to as “Support”) for any aspect of the Services or its content. The decision to provide any such Support rests entirely with the Company, and if offered, such Support will be deemed part of the Services and governed by this agreement.

Subscriptions

We may present various subscription plans, including plans with differing terms or rates, and we reserve the right to modify these at our discretion from time to time. Detailed information about current prices and plans can be found within the Application. Due to applicable taxes or currency exchange rate fluctuations, the prices of subscription plans may vary by country/region. Subscription payments must be made in line with the terms of the relevant subscription plan and are subject to its provisions. Paid subscriptions grant full access to all the application features for the chosen period (depending on the available subscription plans). Please be aware that certain features are only accessible to paid subscribers. Any promotional prices we may offer are valid only for the first term of the chosen subscription (unless stated otherwise). For information regarding our refund policy, please visit https://www.flashget.com/refund-policy.

Advertisement and Push Service

The Company will conduct advertising business per relevant laws and regulations. You agree that You should prudently judge the authenticity and reliability of advertisements appearing in the Services and that You shall be responsible for Your actions carried out as a result of such advertisements, except as expressly provided by applicable laws.

You consent that the Company may, independently or through third parties, send or display advertisements or other information (including commercial and non-commercial information) to you via SMS, email, electronic information web pages, or other means. The specific sending and display form, frequency, and content of advertisements or other information will be determined by the Company’s actual provision, and you agree not to modify, remove, or block such advertisements or information.

Subject to applicable laws, the Company reserves the right to independently determine the form, duration, location, and content of the advertisements without any third-party interference;

The Company will conduct advertising business in compliance with relevant laws and regulations. You agree to judiciously assess the authenticity and reliability of advertisements appearing in the Services, and you will be responsible for your actions resulting from such advertisements, except as expressly provided by applicable laws.

Interaction with Third Parties

The Services might contain links to third-party websites or services (“Third Party Services”) not controlled by our Company. Your use of these Third Party Services is solely at your own risk. By choosing to avail them, it implies you have understood and agreed to their respective policies. Our Company bears no responsibility for the content, legality, accuracy, or privacy practices of any Third Party Services, and retains no authority to monitor or screen such content.

While utilizing the Services, you explicitly liberate the Company from any liability arisen from your interaction with any Third Party Services. All dealings, including payment and delivery of goods or services, are strictly between you and the concerned third parties.

Before initiating any transaction or sharing of information and data with any third party, it is advised you conduct necessary checks and investigations. The Company holds no accountability for any losses or damages incurred as a result of such interactions.

In case of any dispute between users of this Website or users and third parties, the Company is under no obligation to intervene. If a dispute occurs, you release the Company and its affiliates from any claims, demands, and damages, either known or unknown, disclosed or undisclosed, arising pertaining to the dispute.

Privacy Policy

Refer to https://www.flashget.com/privacy-policy for the Company’s stipulations on personal information gathering and processing. Acceptance of this agreement substantiates your cognizance and agreement to comply with the Company’s FlashGet Privacy Policy.

Confidential Information

“Confidential Information” is defined as any non-public business or technical data disclosed by the Company verbally or in writing, inclusive of, but not limited to, trade secrets or proprietary technology particular to the Company. It is imperative that this Confidential Information be considered and maintained as private and proprietorial. You are mandated to uphold strict confidentiality with respect to this Confidential Information and, barring explicit written authorization from the Company, are prohibited from utilizing or revealing such Confidential Information to external parties.

Notwithstanding the above, the term “Confidential Information” does not encompass the following:

(i) Data that is lawfully accessible to the public without violation of this agreement’s terms;

(ii) Data created by you independently, devoid of involvement from any element of the Confidential Information; or

(iii) Data supplied to you by an external party not subject to disclosure restrictions imposed by the aforementioned party.

The obligations and liabilities of the parties involved with respect to the Confidential Information as stipulated in this agreement shall persist until such Confidential Information is legally made available to the public.

Ownership

The Services and any related rights are owned and held by Hongkong FlashGet Network Technology Co., Ltd. and/or its licensors, safeguarded by Singaporean legislation, global copyright laws, various intellectual property statutes, and international trade norms. It is acknowledged by you that the Services may feature unpublished information and invaluable business secrets exclusive to Hongkong FlashGet Network Technology Co., Ltd. and/or its licensors. All unexpressly granted rights in relation to the Services are reserved by Hongkong FlashGet Network Technology Co., Ltd. and/or its licensors. If you breach any of these Terms, the awarded licenses and your authorization to utilize the Services will be immediately rescinded.

Intellectual Property

The utilization of FlashGet Services is only permissible within the FlashGet platform. All acts to displace the FlashGet Services from the platform, inclusive yet not confined to, cracking, translating, transcribing, etc., do not classify as services under this agreement. Therewith, we reserve the express rights to discern and pursue liability of those infringing on these servicers and to seek necessary compensation.

Unauthorized access to FlashGet Services, whether facilitated through theft, exploitation of system vulnerabilities, or unapproved means, including but not limited to acquisition, renting, borrowing, sharing, transferring, etc., shall not be protected. We reserve the right to suspend or refuse such service. Any losses and liabilities arising from such practices shall be incumbent on the individuals procured these services in the aforementioned manner.

All content of FlashGet is subject to copyright protection. It is implicit that you comply with all copyright notices, trademark policies, information, and restrictions found in any content reachable through the services. Any unauthorized use, copying, reproduction, modification, translation, publication, broadcast, transmission, distribution, performance, upload, display, license, sale, or exploitation of any content, third-party submitted content, or other proprietary rights not belonging to you, without the prior explicit written consent of the rightful owners or in any manner that violates any third party’s rights, is strictly prohibited.

Our services are protected under Hong Kong intellectual property laws, international conventions, and other regional and international intellectual property laws. It is prohibited to modify, publish, transmit, partake in the transfer or sale, reproduce (except as conceptually provided in this agreement), create derivative works from, distribute, perform, display, or use any part of any content, software, materials, or services in any form, other than specified under this agreement.

Furthermore, you are only allowed to download or copy content for personal, non-commercial use, subject to adherence to all copyright and other notices contained within such content. Storing or copying any content, other than for personal and non-commercial use, is strictly prohibited without the prior written consent from the company or the designated copyright owner detailed in the copyright notice of the content in question. In the instance of violation of this prohibition and linking to this website, the company, at its sole discretion, reserves the right to revoke the linkage at any given time it deems fit. The company reserves the right to demand prior written consent from the respective rights holder before permitting linking to this website.

You, along with any other individual acting on your behalf, are exclusively accountable for utilizing the Application and/or Website, inclusive of all behaviors or non-behaviors associated with said access and/or use. By employing the Application and/or Website, you ensure, affirm, and consensually agree that you will refrain from utilizing the Services in a manner entailing:

• Breaching any laws, regulations, ordinances or statutes;
• Infringement or violation of any intellectual property, proprietary rights, privacy, or other rights held by any third-party;
• Posting, conveying, or facilitating the posting or transmission of any deleterious, fraudulent, misleading, threatening, abusive, harassing, infringing, slanderous, vulgar, obscene, defamatory, or objectionable content;
• Involvement in commercial activities and/or sales, for instance contests, lotteries, barter trade, advertising, or pyramid schemes, absent the prior written consent of our Company;
• Compilation, storage, processing, or transmission of any sensitive personal data;
• Representation of any individual or entity falsely, encompassing but not confined to any Company employee or representative; or
• Inclusion of viruses, Trojan horses, worms, time bombs, and other computer codes, files, or programs of harmful nature. Our Company shall be exempt from liability for any losses or damages arising from your violation of the afore-mentioned warranties, representations, and agreements. In addition, If your actions breach any laws, regulations, policies, and other legally mandatory documents, you may be subjected to penalties and be held accountable accordingly.

Service Disablement

You remain responsible for all activities in connection with the Services. Any illicit activities that are prohibited may warrant the cessation of your rights to access or utilize the Services. Said activities include, but are not limited to:

• Posting or transmitting, or facilitating the posting or transmission, of any communication or solicitation intended at obtaining passwords, accounts, or other personal or private information from any other user of the Services;
• Using the Services to compromise the security of any computer network, crack passwords or security encryption codes, transmit or store illegal materials (including materials that could be classified as illegal or obscene), or partake in any form of illicit activity;
• Operating mailing lists, list services, any form of auto-responder, or “spam” on the Services, or participating in any other process that disrupts the normal operation of the Service infrastructure or imposes an unreasonable burden on the Service infrastructure;
• Using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services or its content;
• Decompiling, reverse engineering, or attempting to obtain the source code of the Services by any means.

Terminate or Suspend of Agreement

This Agreement shall be effective during the course of Your utilization of the Services. Notwithstanding the provisions herein, You hold the right to discontinue Your access to the Services unilaterally. The Company reserves the right to revoke or suspend Your access to the Services or Your membership/user status at any juncture and for any reason without prior notification, which may culminate in the forfeiture and destruction of all data correlated with Your membership/user status.

The Company retains the right to unilaterally cease or suspend any and all Services and access to the Website without prior announcement or liability in the event You infringe upon any of the terms or stipulations laid down by this Agreement.

Upon the cessation or termination of Your Account, Your privileges to operate the Services, tap into the Website, and any Contents shall be revoked with immediate effect.

Notwithstanding termination, those clauses within this Agreement which inherently extend beyond the termination shall persist. Such provisions include but not limited to, ownership clauses, confidentiality sections, warranty disclaimers, and limitations of liability.

Warrant Disclaimer

You hereby acknowledge and assent that no special or fiduciary relationship is constituted or conferred between the company and yourself. Additionally, you agree and comprehend that the company retains no control nor obligatory actions regarding:

• accessibility of the service to users;
• content the service leads you to access;
• impacts such content holds over you;
• interpretation or usage of said content; or
• any subsequent actions influenced by said content. The company is hereby absolved from all liability arising from the attainability or inaccessibility of content via the service.

In accordance, you acknowledge that the company does not express or imply any warranty concerning any content accessed or contained within the service and will not assume accountability for such content, including but not limited to errors, omissions and potential loss or damage resulting from content use or disclosure.

You further recognize and approve that all information, public or private, transmitted via the FlashGet service is the exclusive responsibility of the originator. The company disclaims liability for the veracity or authenticity of such information. Furthermore, the company cannot guarantee the definitive identification of other interacting users or the accuracy of self-disclosed information. Your usage of the FlashGet service is at your discretion and risk; liability for any ensuing loss or damage lies squarely with you.

The company disclaims any representation or warranty concerning opinions or recommendations received via the service for other products or service procurement. The service, content, website, and associated software are provided “as is,” excluding all implied or express warranties including but not limited to fitness for use, non-infringement, or uninterrupted or error-free service.

Any incurred loss, damage, or liability due to your actions is your sole responsibility. The company is absolved from liability for such loss, damage or incurred liability. Inclusive, but not limited to, non-compliance with this agreement; account deactivation or loss; loss or liability resulting from linked third-party payments, including illegal usage thereof; loss from password disclosure; liability from unauthorized account usage; or intentional or grossly negligent loss. The company pledges to extend necessary assistance within capabilities to facilitate user experience.

The company disclaims liability for compensation under circumstances impeding normal FlashGet operation resulting in service usage inability or virtual property, files, or data loss. These entail but are not limited to: losses from improper handling during system downtime; telecommunication or equipment failure hindering data transmission; force majeure events inhibiting product or service operation; loss of account or data, service interruption or delay due to hacker attacks, telecommunication malfunctions, site upgrades, system instability or other non-attributable company situations.

Limitation of Liability: To the fullest extent permissible by law, the company and associated stakeholders shall not be held liable under negligence, tort, strict liability, or any other legal view for any indirect, incidental, punitive, or consequential damages; procurement of substitute goods or services or data loss; or liability arising from events beyond company control.

Indemnity

You shall indemnify and hold the Company, its parent entities, subsidiaries, Affiliates, officers, and employees harmless against all claims or demands, whether brought or made by any third party, which encompass, but are not limited to, all resultant damages, liabilities, settlements, costs, and legal fees, which emanate from Your access to the Services, usage of the Services in contravention of this Agreement, or the infringement carried out by You or any third party utilizing Your Account, of any intellectual property rights or any other rights of any individual or entity.

Adherence to Relevant Legislation

All rights pertinent to the Services or associated with the Services remain under the ownership of Hongkong FlashGet Network Technology Co., Ltd. and/or its licensors. These rights are safeguarded by Hong Kong legislation, global copyright laws, diverse intellectual property legislations, and international trade regulations. You recognize that the Services may embody confidential information and invaluable proprietary secrets owned by Hongkong FlashGet Network Technology Co., Ltd. and/or its licensors. Any services’ rights not explicitly conveyed in this agreement are retained by Hongkong FlashGet Network Technology Co., Ltd. and/or its licensors. If there is an infringement upon any element of these stipulations, the bestowed license, along with your privilege to utilize the Services, will be automatically rescinded.

Contact Us

If you have any questions, complaints, or claims concerning to the Services, you may contact us at support@flashget.com

Address: FLAT 2304, 23/F HO KING, COMMERCIAL CENTRE, 2-16 FA YUEN STREET, MONG KOK KOWLOON HONG KONG