Terms of service
TECHLESS, INC TERMS OF SERVICE
May 7, 2026
These Terms of Service (“Terms”) govern the use of all services made available by TECHLESS, INC (“TECHLESS, INC”, “we”, “our”) including, without limitation, the TECHLESS, INC Monitoring Services and the TECHLESS, INC Management Services (each as defined herein). TECHLESS, INC conducts business under various brand names, including without limitation “Wisephone,” and operates websites including www.TECHLESS.com and www.wisephone.com. Any reference to Wisephone-branded products, wisephone.com, or other domains owned or operated by TECHLESS, INC shall be deemed a reference to TECHLESS, INC and governed by these Terms. These Terms are organized into, and inclusive of, three sets of terms: (i) the General Terms and Conditions, which are applicable to all Services made available by TECHLESS, INC, (ii) the TECHLESS, INC Monitoring Services Terms, which are applicable to the TECHLESS, INC Monitoring Services, and (iii) the TECHLESS, INC Management Services Terms, which are applicable to the TECHLESS, INC Management Services.
To agree to these Terms, both in your personal capacity and on behalf of you as User(s), click “I Agree” where indicated in the registration process for the applicable Service.
Please note that the use of the www.TECHLESS.com website or related applications (the “Site”) indicates that you and your User(s) agree to be bound by our Website Terms of Use. If you and/or your User(s) reside in a country other than the United States, the associated “State-Specific Provisions” set out in Section 13 of the General Terms and Conditions below shall apply to you and your User(s), which may amend or replace certain of the provisions contained in these Terms to the extent of any conflict or inconsistency.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS TOS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
Updates to Terms of Service; Integration. We may, in our sole discretion, modify the Terms of Service by posting a notice on the Terms of Service page. The “Last Updated” date at the top the Terms of Service indicates when the latest modifications were made to the TOS. By continuing to access and use the Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review these Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Site, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to our Privacy Policy, as noted below. All such guidelines or policies are hereby incorporated by reference into this Terms of Service.
1. Definitions. For purposes of these Terms, the following expressions shall be defined as set forth below:
1.1 "Account” or “Accounts” refers, collectively, to all of your Covered Accounts (as defined in the TECHLESS, INC Monitoring Services Terms) and/or Managed Accounts (as defined in the TECHLESS, INC Management Services Terms).
1.2 “TECHLESS, INC Management Services” refers collectively to the TECHLESS, INC Jr Services and the TECHLESS, INC Home Services as more particularly described in the TECHLESS, INC Management Services Terms.
1.3 “TECHLESS, INC Monitoring Services” refers to the child email/text/online activity monitoring service as more particularly described in the TECHLESS, INC Monitoring Services Terms.
1.4 “Service Providers” refers collectively to TECHLESS, INC’s affiliates, resellers, referral partners, content providers and service providers who provide services to TECHLESS, INC in connection with its marketing, sale or provision of the Services, as well as any other third-party that is authorized by TECHLESS, INC to distribute TECHLESS, INC Products and/or Services on a stand-alone basis or integrated into a third party device.
1.5 “Services” refers, collectively, to the TECHLESS, INC Management Services, the TECHLESS, INC Monitoring Services and any other services made available by TECHLESS, INC in the future. If your subscription includes Subscription Equipment (as defined in the TECHLESS, INC Management Services Terms below), the term “Services”, and the associated fees, includes your use of the Subscription Equipment. Purchase of any TECHLESS, INC Device does not grant perpetual access to software, firmware, WiseOS, or Services, and continued device functionality may require an active subscription and ongoing compliance with these Terms.
1.6 "User(s)” refers, collectively, to your Dependents and Subscribers for purposes of the TECHLESS, INC Monitoring Services and your Dependents, Managed Users and Administrative Users for purposes of the TECHLESS, INC Management Services, as each of the foregoing terms are defined in the TECHLESS, INC Monitoring Services Terms or TECHLESS, INC Management Services Terms, as applicable.
1.7 “You”, “Your” refers to the person agreeing to these Terms as the party responsible for the Covered Account and related Dependents in connection with the TECHLESS, INC Monitoring Services, and the Managed Account, Dependents, Administrative Users and Managed Users in connection with the TECHLESS, INC Management Services. You are also referred to as “Parent” in connection with the TECHLESS, INC Monitoring Services and the “Manager” in connection with the TECHLESS, INC Management Services.
1.8 “Branded Sites” means any website, domain, online storefront, or digital platform owned or operated by TECHLESS, INC, including but not limited to TECHLESS.com, wisephone.com, and any successor domains.
Additional terms are defined in these Terms below, including definitions contained in the TECHLESS, INC Monitoring Services Terms and the TECHLESS, INC Management Services Terms.
Use of TECHLESS, INC Services
You agree to use TECHLESS, INC Services in accordance with these Terms of Service and applicable laws, in particular, those related to privacy, image rights, honor and reputation, telecommunications secrecy, personal data protection, labor relations, non-discrimination and disclosure of secrets, and any other regulations governing children’s rights. TECHLESS, INC is not responsible for the use you make of TECHLESS, INC Services. You will not use TECHLESS, INC Services in any way that may deteriorate them, or to provide services to third parties or to engage in activities contrary to the law. You may use the TECHLESS, INC Services only through the user interfaces of the TECHLESS, INC App on the Monitored Devices and the TECHLESS, INC portal and parental control panel at www.TECHLESS.com, and not through any other interfaces.
Legal Compliance: in order to use the TECHLESS, INC Service, 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.
Restrictions on Use. You will refrain from using TECHLESS, INC Services when it cannot guarantee compliance with any of the following stipulations:
TECHLESS, INC Services can only be used for the purpose of monitoring Devices that belong to You or to Users, or are legally under your control, and when applicable legal regulations allow such monitoring without violating the rights of Users or other binding rules.
TECHLESS, INC Services should only be used after informing and obtaining, unless mandatory compliance with the country’s regulations exempts this, the consent of Users in accordance with applicable regulations, that is, by obtaining informed consent from Users over 14 years of age.
You agree not to use the TECHLESS, INC mobile application, your TECHLESS, INC account data and tokens or authentication elements, elements of the parental control platform other than its graphical user interface, or any connection or connectivity to the TECHLESS, INC Services and/or the TECHLESS, INC Software and parental platform for any use not expressly authorized in these Terms of Service.
You are prohibited from using the TECHLESS, INC Services to (a) reverse engineer them (b) violate cybersecurity measures implemented by TECHLESS, INC, (c) interfere with and/or damage TECHLESS, INC’s technologies, (d) transmit viruses, and (e) gain unauthorized access to any computer system, server or network of TECHLESS, INC (in particular, the “TECHLESS, INC API”), or (f) gain unauthorized access to any TECHLESS, INC computer system, server or network, (f) access data from your TECHLESS, INC account or other users on the TECHLESS, INC Services, beyond what is permitted for registered users of TECHLESS, INC and the parental control panel through the graphical user interfaces made available to customers and users.
In any case, it will be your sole responsibility to ensure the legitimate use of TECHLESS, INC Services and you will indemnify TECHLESS, INC in case of unlawful use of TECHLESS, INC Services, in accordance with the ‘Indemnification’ section.
2. Registration. In order to use TECHLESS, INC Services, besides complying with the previous paragraph, You must create a TECHLESS, INC Account online at www.TECHLESS.com either free of charge (“Free TECHLESS, INC Account”) or paid for (“Premium TECHLESS, INC Account”) and complete the corresponding form with your complete and updated information, and agree to these Terms. Passwords are confidential and therefore you must ensure their correct use. You also agree to immediately notify us of any unauthorized use of your TECHLESS, INC Account or any other breach of security of which you become aware. Upon receipt of confirmation of your TECHLESS, INC Account, you will be granted a limited, revocable, non-exclusive and non-transferable license to use TECHLESS, INC Services in accordance with these Terms.
2.1 When you create an Account, you will be asked to create a username (your e-mail account) and password, which you will be solely responsible for safeguarding. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your Account. You are also responsible for keeping your contact information accurate and up to date. You are solely responsible for any activity or actions on or through your account, resulting from the use of your login credentials on your Account, whether or not you have authorized such activities or actions. You represent and warrant that the information you provide to TECHLESS, INC upon registration and use of your Account, and at all other times will be true, accurate, current, and complete and you agree to update such information as necessary to ensure that it remains complete, accurate and up-to-date. You agree to notify TECHLESS, INC immediately of any breach in secrecy of your log-in information and of any unauthorized use of your Account. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you agree to immediately notify TECHLESS, INC by e-mail to hi@wisephone.com. TECHLESS, INC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements, and you will be solely responsible for the losses incurred by TECHLESS, INC and others due to any unauthorized use of your Account(s).
2.2 The Services are offered on a subscription basis only. On behalf of your User(s), you may choose a monthly subscription or a yearly subscription. Certain Services may offer only a yearly subscription. If you choose the monthly subscription, a monthly subscription fee is charged each month to the credit card, debit card, or other online payment system (your “Payment Mechanism”) registered with TECHLESS, INC . If you choose the yearly subscription, a yearly subscription fee is charged each year to your Payment Mechanism. Subscription fees are assessed per active subscription as selected at the time of purchase. Depending on the plan selected, fees may apply per device, per user, or per account. The applicable pricing structure will be disclosed at checkout or within the Account dashboard. TECHLESS, INC may offer bundled or household pricing plans from time to time at its discretion. The current monthly or yearly fees and more details about the Services are listed here: https://wisephone.com/pages/plans. Monthly subscriptions automatically renew at the end of each monthly term for the next succeeding monthly term. Yearly subscriptions automatically renew at the end of each yearly term for the next succeeding yearly term, unless you cancel the subscription on behalf of your User(s). Monthly and yearly terms will commence on the day you initially subscribe for Services and renew on the same day of each month or year. To cancel the subscription at any time, please navigate to the “Account” page on our Site. Upon cancellation, for any reason, the Services for all User(s) will terminate on the date Services are canceled. Cancellation of a subscription stops future billing but does not entitle you to a refund of previously paid subscription fees unless expressly required by applicable law or stated in our Return and Refund Policy. The rights and obligations under these Terms which by their nature should survive termination will remain in effect after expiration or termination of your subscription, including without limitation, provisions relating to intellectual property ownership, warranty disclaimers, confidentiality, limitation of liability, indemnity and the matters in the “Miscellaneous” section of these General Terms and Conditions. Except as expressly provided in Section 9.1 or required by applicable law, no refunds are provided. Hardware purchases may be eligible for return within fourteen (14) days of delivery in accordance with TECHLESS, INC’s then-current Return and Refund Policy available at https://wisephone.com/policies/refund-policy. Subscription fees are non-refundable except as expressly stated in such policy or as required by applicable law. Nothing in this section limits any mandatory consumer protection rights that cannot be waived under applicable law. Some of our Services are sold by third-party resellers. If you purchase Services from one of our third-party resellers, these Terms will apply to your and your User(s)’ use of the Services, but payment terms will be governed by your agreement with the third-party reseller and the provisions regarding payment in these Terms will not apply to you.
3. Privacy.
3.1 In connection with your and your User(s)’ use of the Services, you and your User(s) hereby consent to TECHLESS, INC ’s collection and processing of information in accordance with its Privacy Policy, located at: https://www.TECHLESS.com/policies/privacy-policy, or such other URL as may be provided by TECHLESS, INC from time to time (the “Privacy Policy”).
3.2 Privacy of Minors. Questions about TECHLESS, INC ’s policies or use of information from children under the age of 13 can be directed to TECHLESS, INC., P.O. Box 166, Shiner, TX 77984 or at hi@wisephone. You may terminate TECHLESS, INC ’s access, monitoring, collection and/or review of any Covered Account through the TECHLESS, INC Monitoring Services, or the management of any Dependent as a Managed User through the TECHLESS, INC Management Services, by terminating the applicable User’s subscription by navigating to the “Account” page on our Site. The Site and Services do not offer any in-application purchases to children under the age of 13.
4. iOs Users, Payment; Taxes; Suspension or Termination; Third Parties.
IOs Users
Device management and notifications. installation of TECHLESS, INC Software for Monitored Devices with iOS operating system, due to the technical configuration of the system, all data transmitted to and from the Device is channeled through our servers, in such a way we are visible to a third party such as your Internet access provider and the owner of the IP address from which communications originate. Although we are NOT an Internet access provider, due to this configuration we may receive notifications (“Notification”) from third parties regarding the User’s online behavior, including but not limited to downloading and/or viewing online content, posting online content, opening online accounts, and/or using third party applications and programs. If we receive such a Notice stating your User engages in any activity that is or may be illegal or violate the rights of third parties, or if we believe (in our reasonable judgment) any activity by your Users is or may be detrimental to the provision of the Services, we will notify you. We reserve the right to (and will, if we are obliged to by court or applicable law or to protect our interests and business, and in particular, but without limitation, if we receive a Notice from a third party or if user activity on a device is or may, in our opinion, be detrimental to the provision of the Services): (a) suspend or block access to your Device(s) to the Internet or to certain websites/internet services; and (b) provide any party providing the Notification to us or a Court or public authority with your name and contact details and/or (c) terminate your Account. YOU CONSENT TO THE DISCLOSURE OF YOUR CONTACT DATA FOR THIS PURPOSE AND SUSPECTED PURPOSE. We will not suspend your access or provide such data to any third party without first notifying you.
4.1 Payment. At the time of registration of your first Account, you authorize TECHLESS, INC to charge your Payment Mechanism with the amount of the applicable subscription fee your Services on a monthly basis (or annual basis, as determined by the payment plan selected) until the subscription is canceled in respect of all Accounts and Services. All fees are listed in United States Dollars. The fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, accessible by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. TECHLESS, INC may invoice you for Taxes it is required to withhold and you will pay that amount unless you provide TECHLESS, INC with a valid tax exemption certificate authorized by the appropriate taxing authority. See the TECHLESS, INC Management Services Terms for additional payment terms applicable to the purchased Products and/or Subscription Equipment in connection with the TECHLESS, INC Management Services. If a payment is reversed, disputed, or charged back, TECHLESS, INC may immediately suspend or deactivate Services and/or associated Devices until the dispute is resolved.
4.2 Suspension or Termination. TECHLESS, INC may suspend or terminate your and your User(s)’ access to the Services in the event of non-payment of the applicable Services fees to TECHLESS, INC by you or, if applicable, your third-party reseller from whom Services were purchased. TECHLESS, INC may, in its discretion, without liability to you or your User(s) and without limiting TECHLESS, INC ’s other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel the Services and take technical and legal steps to prevent you and/or any of your User(s) from using the Services at any time if TECHLESS, INC reasonably believes that you and/or any of your User(s) has breached these Terms. If TECHLESS, INC has suspended the Services due to your and/or your User(s)’ actual or suspected breach of these Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to TECHLESS, INC ’s reasonable satisfaction. If an Account is deactivated or canceled, TECHLESS, INC will have the right, but not the obligation, to delete your and your User(s) information.
4.3 Third Party Charges and Mobile Alerts. You are solely responsible for any fees or charges incurred to use or access the Services through an internet access provider or other third party, including without limitation data charges incurred by you or your User(s), charges to receive SMS messages or other mobile access provided through the Services, which may be billed to you or your User(s), or deducted from you or your User(s)’ prepaid balance by the relevant mobile provider. You and your Users(s) agree that TECHLESS, INC is not liable in any way for any third-party charges.
4.3.1 US Short Code Terms of Service.
(a) By opting in to receive text message alerts from TECHLESS, INC, TECHLESS, INC may send you text message alerts for your account.
(b) You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
(c) If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hi@wisephone.com.
(d) Carriers are not liable for delayed or undelivered messages.
(e) As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages when TECHLESS, INC needs to notify you about potential issues on your TECHLESS, INC account. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. (f) If you have any questions regarding privacy, please read our privacy policy: https://www.TECHLESS.com/policies/privacy-policy,
4.4 Links to Third Party Websites; YouTube; Google.
4.4.1 The Services may also provide links to third-party websites, resources or services. You and your User(s) acknowledge and agree that TECHLESS, INC is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by TECHLESS, INC of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You and your User(s) acknowledge sole responsibility for and assume all risk arising from your and your User(s)’ use of any such websites, resources or services or the content, products or services available on or through such websites or services. TECHLESS, INC is not responsible for the content, products, services, or practices of any third-party websites or services and disclaims all liability arising from your or your User(s)’ use of or reliance on such third-party websites or services, to the maximum extent permitted by applicable law.
4.4.2 The Services may use YouTube API Services to provide you with relevant information. By using the Services and the YouTube API Services, you are also agreeing to be bound by the YouTube terms of Service: https://www.youtube.com/t/terms. You must also agree to the Google Privacy Policy: http://www.google.com/policies/privacy, which is a part of our Privacy Policy: https://www.TECHLESS.us/privacy.
4.5 Returns and Refunds. Hardware purchases are subject to TECHLESS, INC’s Return and Refund Policy available at https://wisephone.com/policies/refund-policy. Subscription fees are generally non-refundable once charged, except as required by applicable law or expressly stated in our Return and Refund Policy. Subscription fees are generally non-refundable once charged, except as expressly stated in our Return and Refund Policy or required by applicable law.
5. Changes to these Terms. TECHLESS, INC may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Services following any modifications to these Terms, you and your User(s) agree to be bound by such modifications.
6. Proprietary Rights; Feedback.
6.1 TECHLESS, INC (or our licensor) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Services, and is the copyright owner or licensee of all content and/or information provided to you through the Services, unless otherwise indicated. Except as otherwise provided herein, use of the Services does not grant you a license to any content, features or materials you may access through the Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or materials, in whole or in part. Any commercial use of the Services is strictly prohibited, except as allowed herein or otherwise approved by us.
6.2 If you and/or your User(s) make use of the Services other that as provided herein, in doing so you and/or your User(s) may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Services.
6.3 The information on the Services, including, without limitation, all text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
6.4 Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of TECHLESS, INC or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
6.5 The TECHLESS, INC logos and service names are trademarks of TECHLESS, INC (the “TECHLESS, INC Marks”). Without our prior permission, you and your User(s) agree not to display or use TECHLESS, INC Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any TECHLESS, INC Mark without our prior written consent.
6.6 You and your User(s), acknowledge and agree that all Feedback will be the sole and exclusive property of TECHLESS, INC. Without limiting the foregoing, you and your User(s) acknowledge that Feedback may be disseminated or used by TECHLESS, INC or its affiliates for any purpose whatsoever, including developing, improving and marketing TECHLESS, INC’s products and services. You and your User(s), hereby irrevocably transfer and assign to TECHLESS, INC all of their respective rights, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waives any moral rights you or your User(s) may have in such Feedback
7. Indemnity. You and your Users agree to defend, indemnify and hold TECHLESS, INC, its directors, officers, employees, agents, affiliates and Service Providers (as defined below) harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with:
7.1 you and your User(s)’ use of the Products or Services,
7.2 you and/or your User(s)’ violation or breach of these Terms or applicable law,
7.3 the unauthorized use or distribution of the Products or Services by you or your User(s),
7.4 you or your User(s)’ gross negligence or willful misconduct, and/or
7.5 the posting or transmission of any materials on or through the Services by you and/or your User(s), including, but not limited to:
7.5.1 any third-party claim that any information or materials you or your User(s) provide infringes any third-party proprietary right, or
7.5.2 the unlawful use or disclosure by you and/or your User(s) of any third-party personal information obtained via any alert received from TECHLESS, INC .
8. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TECHLESS, INC , ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR SERVICES, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF TECHLESS, INC OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) AGGREGATE DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR AND/OR YOUR USER(S)’ USE OF THE PRODUCTS OR SERVICES EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO TECHLESS, INC . THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE OBLIGATIONS SURVIVE TERMINATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND/OR YOUR USER(S).
9. Compliance with Law. You and your User(s) agree to comply with all applicable laws, rules and regulations in connection with your and your User(s)’ use of the Service. Without limiting the generality of the foregoing, you and your User(s) agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you and your User(s) reside.
10. Applicable Law/Jurisdiction. You and your User(s) agree that the laws of the State of Texas, in the United States, excluding its conflicts-of-law rules, shall govern these Terms, except as otherwise set forth in Section 13 of these General Terms and Conditions (to the extent applicable to you or your User(s)). Please note that your and your User(s)’ use of the Services or the Site may be subject to other local, state, national, and international laws. You and your User(s) expressly agree that exclusive jurisdiction for resolving any claim or dispute with TECHLESS, INC or relating in any way to your and/or your User(s)’ use of the Services resides in the state and federal courts of state of Texas, and you and your User(s) further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Texas.
11. Class Arbitration; Prohibition of Class and Representative Actions and Non Individualized Relief.
11.1 Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Terms to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If the class action waiver is found unenforceable, the arbitration agreement shall be deemed null and void. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitration shall be conducted in Texas, unless otherwise required by applicable law. You may opt out of arbitration by providing written notice within 30 days of accepting these Terms. Opt-out notices must include your name, account email, and a clear statement that you wish to opt out of arbitration.
11.2 IF AND TO THE EXTENT THE PROVISIONS OF SECTION 11.1 ABOVE ARE NOT ENFORCEABLE, YOU AND YOUR USER(S) AGREE THAT YOU AND YOUR USER(S) MAY BRING CLAIMS AGAINST TECHLESS, INC ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS EACH OF YOU, YOUR USER(S) AND TECHLESS, INC OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
12. Miscellaneous.
12.1 These Terms, including the TECHLESS, INC Monitoring Services Terms and the TECHLESS, INC Management Services Terms (as applicable), and the Privacy Policy, constitute the entire agreement between you, your User(s) and TECHLESS, INC and govern your and each respective User’s use of the Services (as the case may be), superseding any prior agreements between you, your User(s) and TECHLESS, INC . You and your User(s) also may be subject to additional terms and conditions that are applicable to certain parts of the Services.
12.2 You and your User(s) agree that no joint venture, partnership, employment, or agency relationship exists between TECHLESS, INC , you and your User(s) as a result of these Terms or your and your User(s)’ use of the Services.
12.3 To the maximum extent permitted by applicable law, any claim or cause of action you or your User(s) may have with respect to TECHLESS, INC must be commenced within one (1) year after the claim or cause of action arose, or such claim shall be permanently barred.
12.4 The failure of TECHLESS, INC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
12.5 Neither you nor your User(s) may assign the Terms or any of your respective rights or obligations under the Terms without TECHLESS, INC ’s express written consent.
12.6 The Terms inure to the benefit of TECHLESS, INC ’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
12.7 Except for the provisions benefiting TECHLESS, INC’s Service Providers herein, which provisions shall be directly enforceable by TECHLESS, INC Service Providers, or as otherwise specifically set forth herein, the provisions of these Terms do not confer any rights or remedies upon any person or entity other than you, your User(s) and TECHLESS, INC and our respective successors and permitted assigns.
12.8 Equitable Relief. You and your User(s) hereby acknowledge that any breach of these Terms by either of them would cause irreparable harm and significant injury to TECHLESS, INC that may be difficult to ascertain and that a remedy at law would be inadequate. Accordingly, you and your User(s) agree that TECHLESS, INC shall have the right to seek and obtain immediate injunctive relief to enforce obligations under these Terms in addition to any other rights and remedies it may have, without the obligation to post a bond even if ordinarily required.
12.9 Severability. All terms and provisions of these Terms shall, if possible, be construed in a manner which makes them valid, but in the event any term or provision of these Terms is found by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms shall not be affected if the illegal or unenforceable provision does not materially affect the intent of these Terms, and in such circumstances, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the unenforceable term or provision, and the other provisions of the Terms remain in full force and effect. If the illegal or unenforceable provision materially affects the intent of the parties to these Terms, these Terms shall become terminated.
14. Notices / Contacting Us. TECHLESS, INC may notify you via either email or regular mail. Any inquiries you may have concerning these Terms, or to provide any notice to TECHLESS, INC hereunder, should be directed to: TECHLESS, INC Mailing Address PO Box 166, Shiner, TX 77984, with a copy to hi@wisephone.com.
TECHLESS, INC MONITORING SERVICES TERMS
1. Introduction. The TECHLESS, INC Monitoring Services are a tool operated by TECHLESS, INC which provides you, as the Subscriber’s parent or legal guardian (“Parent”, “you”, “your”) with email and/or text alerts when potential online dangers (such as cyberbullying) or potential signs of trouble (such as depression) are identified in email or text messages and/or interactions with designated social media sites or websites involving the Subscriber. For this purpose, each Subscriber is allocated an account (a “Covered Account”). The TECHLESS, INC Monitoring Services include automated review by our proprietary technologies of communications involving the Covered Account. This review may include the use of listening devices, such as in relation to audio files. The TECHLESS, INC Monitoring Services currently support English, Spanish and Afrikaans language interactions only; additional language interactions may become available in the future.
2. Acknowledgements. You acknowledge, understand and agree that:
2.1 If you are subscribing to the TECHLESS, INC Monitoring Services, you are giving the undertakings and consents contained in these TECHLESS, INC Monitoring Services Terms, the General Terms and Conditions and the Privacy Policy on behalf of your own child(ren) or legal dependent(s), being minor children or disabled adult(s) placed under your protection, as legal guardian, by a court or appropriate government authority (your “Dependent(s)”), whose activity will be monitored by the TECHLESS, INC Monitoring Services, as a subscriber thereof (each, a “Subscriber”);
2.2 You shall, in your personal capacity, be bound by the provisions of the General Terms and Conditions, these TECHLESS, INC Monitoring Services Terms and the Privacy Policy in so far as they expressly relate to you; and
2.3 In respect of each Dependent who subscribes for the TECHLESS, INC Monitoring Services, and on behalf of whom a Covered Account is created in accordance with these TECHLESS, INC Monitoring Services Terms, an independent and separate contract consisting of the General Terms and Conditions, these TECHLESS, INC Monitoring Services Terms and the Privacy Policy will arise between such Subscriber, you and TECHLESS, INC.
3. Registration.
3.1 General. In order to subscribe to the TECHLESS, INC Monitoring Services a Subscriber must be represented by his/her parent or legal guardian who must be 18 years or older, and who will subscribe for the TECHLESS, INC Monitoring Services on the Subscriber’s behalf.
3.2 Parent or Legal Guardian. You may register only your own child or children and/or legal Dependent(s) to be monitored under such Dependent’s subscription to the TECHLESS, INC Monitoring Services. You hereby represent and warrant that you are the parent or legal guardian of the Subscriber specified for any Covered Account to be monitored by the TECHLESS, INC Monitoring Services. If your child is 18 or older and you are not the child’s legal guardian by reason of disability, you may be permitted to subscribe for the TECHLESS, INC Monitoring Services on behalf of your Subscriber to be monitored under the subscription to the TECHLESS, INC Monitoring Services provided: (i) you have obtained his/her prior, written consent to do so, (ii) you notify TECHLESS, INC of such request in accordance with the notice provision herein, and (iii) you obtain TECHLESS, INC’s prior written approval for the continuation of such subscription, signed by a duly authorized officer of TECHLESS, INC . You acknowledge and agree that your indemnity obligations under Section 7 of the General Terms and Conditions hereof will apply to your and each Subscriber’s use of the TECHLESS, INC Monitoring Services in violation of this Section 3.2.
3.3 Covered Accounts. Upon registration, you must (1) identify each Subscriber to be monitored by the TECHLESS, INC Monitoring Services and (2) provide some location information. You must also provide the name of the third-party service (such as Gmail, Facebook or Twitter) and the username and password of the Subscriber for each Covered Account to be connected to the TECHLESS, INC Monitoring Services. Such user name must not be the Subscriber's actual name or any nickname by which his/her identity could be determined by any third party. The log-in information of the Subscriber’s Covered Account is used to establish our access to the online interactions in the Covered Account. In respect of his/her Covered Account, the Subscriber expressly authorizes TECHLESS, INC and its Service Providers without further notice to the Subscriber or any party to the communication, to (i) access, monitor, review, and store all online interactions and other communications to and from the Covered Account and (ii) compile and transmit alerts to the Parent as contemplated in Sections 4, 5 and 6 of these TECHLESS, INC Monitoring Services Terms. Use of the TECHLESS, INC Monitoring Services is limited to the United States and those other countries and/or territories identified in Section 13 of the General Terms and Conditions. Any use of the TECHLESS, INC Monitoring Services outside of such countries and/or territories is strictly prohibited.
3.4 Minimum Age Requirements of Third-Party Platforms. You and the Subscriber expressly acknowledge that most third-party platforms are restricted to individuals who are 13 or older, and that, as between the you and the Subscriber on one hand, and TECHLESS, INC on the other, compliance with any such age requirement is your and the Subscriber’s sole responsibility. 4.
4. Collection of Subscriber’s Information.
4.1 Information. During registration for the TECHLESS, INC Monitoring Services, TECHLESS, INC will collect the name and date of birth of the Subscriber associated with a Covered Account. In connection with providing the TECHLESS, INC Monitoring Services thereafter, TECHLESS, INC will access and monitor communications to and from such Covered Account, which you and the Subscriber understand and agree may include communications by or from other minor children. TECHLESS, INC also collects certain location information regarding the Subscriber associated with each Covered Account (including general location).
4.2 Consent. You and the Subscriber expressly consent to TECHLESS, INC’s collection, monitoring and review of any information obtained in connection with a Covered Account, including all communications to and from such Covered Account.
5. Health, Welfare, and Safety Reporting. We provide alerts to you regarding the Subscriber’s online activities. If you suspect or determine a threat to the health, welfare, or safety of any individual or entity, you should contact local law enforcement or other governmental agencies to make a report. If we identify information that in our sole discretion indicates health, welfare, or safety concerns for an individual or entity, we have the right, but not the obligation, to make reports to law enforcement or other appropriate governmental agencies and you and the Subscriber consent to our authority to do so. The foregoing consent is a condition for the use of the TECHLESS, INC Monitoring Services.
6. Alerts. TECHLESS, INC will endeavor to send alerts by push notification to your mobile device(s) (if properly configured), by email to your designated email address(es) (if requested), or by SMS text to your designated phone number(s) (if requested). You are required to maintain updated email or text contact information and bear all risks associated with providing TECHLESS, INC with inoperable or incorrect contact information.
7. Third Party Information. You undertake to permanently and irretrievably request that TECHLESS, INC delete any alert containing personal information about any third party, immediately (or as soon as reasonably possible, time being of the essence) upon receipt thereof. You furthermore undertake not to (i) use such personal information for any unlawful purpose whatsoever or (ii) contact or otherwise communicate or attempt to communicate with any third party, including the third party to whom such personal information relates, regarding the content of such alert.
8. Disclaimers. YOU AND THE SUBSCRIBER EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
8.1 THE TECHLESS, INC MONITORING SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
8.2 TECHLESS, INC DOES NOT WARRANT THAT THE TECHLESS, INC MONITORING SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
8.3 TECHLESS, INC MAKES NO WARRANTY THAT THE TECHLESS, INC MONITORING SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE TECHLESS, INC MONITORING SERVICES WILL PROTECT ANY SUBSCRIBER OR THIRD PARTY FROM HARM;
8.4 ANY INFORMATION OBTAINED THROUGH USE OF THE TECHLESS, INC MONITORING SERVICES IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM TECHLESS, INC ’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;
8.5 NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE TECHLESS, INC MONITORING SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;
8.6 TECHLESS, INC DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE TECHLESS, INC MONITORING SERVICES; AND
8.7 IF YOU AND/OR THE SUBSCRIBER ARE DISSATISFIED WITH THE TECHLESS, INC MONITORING SERVICES, THE SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.
TECHLESS, INC MANAGEMENT SERVICES TERMS
1. Introduction. Your and the Managed User’s rights to use the TECHLESS, INC Management Services, the TECHLESS, INC Management Software, the TECHLESS, INC Content, the API, the TECHLESS, INC Apps and the TECHLESS, INC Devices (collectively, the “Products”) and Support Services are governed by these TECHLESS, INC Management Services Terms, the General Terms and Conditions and the Privacy Policy. Should the Manager and/or the Managed User reside in a country other than the United States, the associated “State-Specific Provisions” set out in Section 13 of the General Terms and Conditions shall apply to you and the Managed User, which may amend or replace certain of the provisions contained in these TECHLESS, INC Management Services Terms, and shall be deemed to form part of these TECHLESS, INC Management Services Terms. ANY USE, INSTALLATION, DOWNLOAD, OR INTEGRATION OF THE PRODUCTS CONSTITUTES YOUR AND THE MANAGED USER’S ACCEPTANCE OF THESE TECHLESS, INC MANAGEMENT SERVICES TERMS.
2. Acknowledgments. You (“Manager”, “you”, “your”) acknowledge, understand and agree that:
2.1 You are subscribing to the TECHLESS, INC Management Services, agreeing to these TECHLESS, INC Management Services Terms and giving the undertakings and consents contained herein on behalf of the Managed User, as subscriber, whose User Device(s) will be monitored and managed so as to control the internet activity of such Managed User and/or the downloading of content to Managed User’s User Device(s);
2.2 You shall, in your personal capacity, be bound by all of the provisions contained in the General Terms and Conditions, these TECHLESS, INC Management Services Terms and the Privacy Policy; and
2.3 In respect of each Managed User who subscribes for the TECHLESS, INC Management Services, an independent and separate contract consisting of the General Terms and Conditions, these TECHLESS, INC Management Services Terms and the Privacy Policy will arise between such Managed User, you and TECHLESS, INC .
3. Definitions. For purposes of these TECHLESS, INC Management Services Terms, the following expressions shall be defined as set forth below:
3.1 “Account Data” means electronic data and information submitted by or for Manager and/or Managed User to the TECHLESS, INC Management Services or collected and processed by TECHLESS, INC for Manager and Managed User(s) as a result of Manager’s and Managed User(s)’ use of the TECHLESS, INC Management Services, excluding Usage Data. Account Data may include Personal Data.
3.2 “Administrative User” means a Managed User or other third party who has been given permission by the Manager to access and administer the Managed Account(s).
3.3 “API” or “APIs” mean the Application Protocol Interface(s) installed on any TECHLESS, INC Devices, User Device, or within any form of the TECHLESS, INC Management Software, in its current or in its future form, that allows the TECHLESS, INC Devices, User device(s), or TECHLESS, INC servers to communicate with, post information to, and display information from one another.
3.4 “TECHLESS, INC Apps” means the application(s) that allow you to configure your TECHLESS, INC Devices, create user profiles, monitor network activity, interact with TECHLESS, INC Devices and User Devices, enable the functionality of the TECHLESS, INC Jr Services on a User Device without connecting to a TECHLESS, INC Device, and otherwise utilize the TECHLESS, INC Jr Services, and includes, without limitation, all future applications and future forms of the current application(s) created by TECHLESS, INC for any of the foregoing purposes.
3.5 “TECHLESS, INC Content” means the content of the TECHLESS, INC Management Services, including, without limitation, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, Usage Data (as defined below) and any other TECHLESS, INC content.
3.6 “TECHLESS, INC Devices” means the internet gateway product(s) sold by TECHLESS, INC, its affiliates or business partners for or on behalf of TECHLESS, INC, or their successors, with which the TECHLESS, INC Management Software was designed to be used or which integrates the TECHLESS, INC Management Software (including without limitation TECHLESS, INC firmware and/or embedded software agents), including the TECHLESS, INC Home and any similar products developed in the future, and products developed by third-party manufacturers for or on behalf of TECHLESS, INC that incorporate TECHLESS, INC ’s technology and TECHLESS, INC Management Software. For purposes of these TECHLESS, INC Management Services Terms, "TECHLESS, INC Devices" shall have the same meaning in singular as in plural.
3.7 “TECHLESS, INC Home” means the proprietary hardware device developed by TECHLESS, INC designed to integrate with a Manager’s Third-Party Hardware for purposes of integrating the TECHLESS, INC Management Software into such Third-Party Hardware for purposes of providing the TECHLESS, INC Management Services to such Manager and his/her Managed User(s).
3.8 “TECHLESS, INC Home Services” means the features and functionality provided by TECHLESS, INC accessible by Managers through a browser interface, via a downloadable application (including a TECHLESS, INC App), via a TECHLESS, INC Device or User Device, or through an API that provides Managers with a means of monitoring and controlling the internet activity of Managed Users and/or downloading content to Managed Users’ devices or computers through use of a TECHLESS, INC Device, including the TECHLESS, INC Home.
3.9 “TECHLESS, INC Jr Services” means the features and functionality provided by TECHLESS, INC accessible by Managers through a browser interface, via a downloadable application (including a TECHLESS, INC App), that provides Managers with a means of monitoring and controlling the internet activity of Managed Users and/or downloading content to Managed Users’ devices through the use of a TECHLESS, INC App. The TECHLESS, INC Jr Services also include location sharing features.
3.10 “TECHLESS, INC Management Services” refers collectively and individually to the TECHLESS, INC Home Services and the TECHLESS, INC Jr Services.
3.11 “TECHLESS, INC Management Software” means the software through which the TECHLESS, INC Management Services are delivered including, without limitation, the software installed on a TECHLESS, INC Device or User Device, any services or administration interface, any application, firmware, or binary code, in each case in its current or in its future form (including without limitation a TECHLESS, INC App), which enable Manager to interact with the API from an application dashboard, whether web-based or reduced to an application on a mobile device, or allow TECHLESS, INC to collect and/or analyze Account Data, in each case in connection with Manager’s and each Managed User’s use of the Products.
3.12 “Dependent” for purposes of these TECHLESS, INC Management Services Terms, means the Manager’s minor child or legal dependent, being a minor child or disabled adult placed under the Manager’s protection, as legal guardian, by a court or appropriate government authority.
3.13 “Managed Account” shall mean a unique collection of data containing the details of the account—such as Manager’s name, email, phone number, passwords, configurations, histories, and other unique data utilized by any instance of the TECHLESS, INC Management Software, including, without limitation to access and use the Products.
3.14 “Manager” means you, the individual accepting these TECHLESS, INC Management Services Terms in your personal capacity as well as on behalf of each Managed User, who authorizes you to manage and control the Managed Account(s).
3.15 “Managed User” means a Dependent, family member or other person whose User Device(s) are monitored and/or managed through Manager’s and/or another Managed User’s use of the Products. References to “Managed User” shall be interpreted as singular and/or plural as the context requires.
3.16 “Personal Data” means any information that can be used to identify Manager, Managed User or another individual and may include name, address, email address, phone number, login information (account number and password), or payment card number.
3.17 “Products” as defined in Section 1 of these TECHLESS, INC Management Services Terms.
3.18 “Submissions” means user behavior data, which may include, but is not limited to: Manager and/or Managed User profile information; search strings and other content created and accessed using the TECHLESS, INC Management Services; information about the type of device accessing the TECHLESS, INC Management Services; Feedback, recommendations, feature requests, bug reports, and other communications.
3.19 “Subscription Equipment” means one or more TECHLESS, INC Devices provided by TECHLESS, INC to the Manager on a subscription or rental basis for your use of the TECHLESS, INC Home Services under these Terms. The term “Subscription Equipment” does not include (a) any TECHLESS, INC Device(s) purchased directly from TECHLESS, INC for a one-time purchase price, or (ii) any Third-Party Hardware, whether purchased or provided on a Subscription or rental basis.
3.20 “Support Services” means services provided by TECHLESS, INC to support Manager’s and Managed User’s use of the TECHLESS, INC Management Services, the TECHLESS, INC Management Software, TECHLESS, INC Content, the API, the TECHLESS, INC Apps, and/or the TECHLESS, INC Devices.
3.21 “Third Party Hardware” means all routers, devices and other hardware products manufactured and sold by a party other than TECHLESS, INC , which may or may not incorporate TECHLESS, INC technology or TECHLESS, INC Management Software.
3.22 “Unreturned Subscription Equipment” as defined in Section 4.5.3 of these TECHLESS, INC Management Services Terms.
3.23 “Unreturned Subscription Equipment Charge” as defined in Section 4.5.3 of these TECHLESS, INC Management Services Terms.
3.24 “Updates” means updates, upgrades, bug fixes, patches and other error corrections, modifications, deletions, and/or new features, functionality, tools or content.
3.25 “Usage Data” means all information and data that the TECHLESS, INC Management Services generates in connection with Manager’s and any Managed User’s use thereof, including but not limited to, network policy, log and configuration information; threat intelligence data, URLs, metadata or net flow data; use statistics and information gathered via platform interfaces such as any TECHLESS, INC App, API calls and processes and Submissions.
3.26 “User Device” means internet-enabled devices that are not provided by TECHLESS, INC or its affiliates or business partners, such as mobile phones, tablets, computers, routers, firewalls and other products and associated software with which the Products were designed to be used, including any such Product developed in the future. Other capitalized but undefined terms used in these TECHLESS, INC Management Services Terms shall have the meanings assigned to them in the General Terms and Conditions or the TECHLESS, INC Monitoring Services Terms.
4. Eligibility; Managed Users; User Conduct; Suspension; Subscription Equipment.
4.1 Eligibility to Use TECHLESS, INC Jr Services. The TECHLESS, INC Jr Services are designed to be administered by adults on behalf of their Dependents and other members of their family or community. To the extent that the Manager is a parent in a household having two parents, both parents must share credentials to allow both parents to act as administrators for their household. Parents and legal guardians of Dependents, please be advised that we do not recommend that children under the age of 18 be given administrative access to the TECHLESS, INC Jr Services, with or without supervision. Managed Users are not given administrative access unless the Manager specifically grants such permissions to a specific Administrative User account. Each Manager and/or Administrative User who signs on as an administrator, represents and affirms that such Manager and/or Administrative User is the age of 18 or older, or that the Manager has given them permission, in writing, that they can act as an administrator. The Manager whose Dependent is acting as an administrator, represents and affirms that such Manager duly appointed such Dependent as an administrator and agreed in writing that such Dependent could act as an administrator for such Manager on behalf of the Managed Account(s).
4.2 Managed Users. The Manager, hereby represents that:
4.2.1 where the Managed User is a Dependent, whether using TECHLESS, INC Jr Services or TECHLESS, INC Home Services, Manager acts for and on behalf of such Managed User in consenting to and granting the right for TECHLESS, INC to access, use and disclose such Managed User’s Personal Data as necessary for TECHLESS, INC to provide the TECHLESS, INC Management Services; and
4.2.2 where the Managed User is an adult, Manager has all necessary authority and/or has obtained all necessary consents from such Managed User to enable TECHLESS, INC to access, use and disclose each such Managed User’s Personal Data as necessary for TECHLESS, INC to provide the TECHLESS, INC Management Services. TECHLESS, INC retains the right, but not the obligation, to confirm the consent of any such Managed User. In the event such a Managed User does not confirm his/her consent, TECHLESS, INC may remove the Managed User from the Manager’s Managed Accounts.
4.3 User Conduct Guidelines. Any time Manager or any Administrative User accesses or uses the Products, Manager and Administrative Users are required to comply with TECHLESS, INC ’s user conduct guidelines, as follows:
4.3.1 Manager agrees that Manager and Administrative Users will access and use the Products for Manager’s personal, family, community, or internal business use only, and not on behalf of any third party.
4.3.2 Manager and Administrative Users are not authorized to access or use the Products: (a) to impersonate any person or entity, or falsify or otherwise misrepresent Manager’s or Administrative User’s identity, credentials, affiliations or intentions; (b) to collect, store, or use any information from or about a Managed User without such Managed User’s authorization and consent; (c) to “stalk” or harass a Managed User; (d) if Manager or Administrative User is not able to form legally binding contracts (for example, if Manager or Administrative User is under 18, and does not have the consent of his/her parent or legal guardian); (e) if Manager or Administrative User is a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or (f) for any other purposes that are not expressly permitted by these Terms.
4.4 Misconduct; Investigations. 4.4.1 Right to Monitor Access. You and Managed User, acknowledge that TECHLESS, INC has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the TECHLESS, IN Management Services by any user if TECHLESS, INC believes in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against TECHLESS, INC, (iii) to enforce and to ensure a user’s compliance with these TECHLESS, INC Management Services Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of TECHLESS, INC, its other users or members of the public, and (vi) for the purpose of operating and improving the TECHLESS, INC Management Services and TECHLESS, INC Devices (including for support purposes). TECHLESS, INC reserves the right, but assumes no obligation, to investigate and take appropriate action in response to reports of misconduct. Regardless of its action or inaction, in no event will TECHLESS, INC be liable for the acts or omissions of any Manager, Administrative User, Managed User or any third party.
4.4.2 Cooperation by Manager. Manager agrees to cooperate with and assist TECHLESS, INC or its representative in good faith in any such investigations, including by providing us with such information as TECHLESS, INC may reasonably request.
4.5 Subscription Equipment. You acknowledge and agree as follows with respect to any Subscription Equipment provided to you by TECHLESS, INC under these Terms:
4.5.1 Changes and Upgrades to Subscription Equipment. TECHLESS, INC may upgrade, replace, remove, add or otherwise change the Subscription Equipment at our discretion at any time any Services are active or following the termination of your Services. You consent to such changes including software, firmware and other code updates or downloads, with or without notice to you, which may alter, add to, or remove features or functionalities of the Subscription Equipment or Services. You acknowledge and agree that our addition or removal of or change to the Subscription Equipment may interrupt your Services. TECHLESS, INC may, at its option, provide new or reconditioned Subscription Equipment, including replacing your existing Subscription Equipment. You agree that such changes may be performed within TECHLESS, INC’s sole discretion at any time and in any manner. If TECHLESS, INC requests that you replace, or offers to replace your Subscription Equipment in order to provide you with better Services or stronger security, and you do not do so, TECHLESS, INC is not responsible for any resulting degradation of service or security vulnerabilities. If TECHLESS, INC requires that you add or replace Subscription Equipment and you do not do so, your Services may be disconnected and/or terminated.
4.5.2 Return of Subscription Equipment. You agree that in the event your Services are terminated, you will return all Subscription Equipment to TECHLESS, INC within thirty (30) days of termination, unless otherwise instructed in writing by a TECHLESS, INC representative. If you upgrade or downgrade your Services and the Subscription Equipment that you possess is no longer required to support your new TECHLESS, INC Services, you must promptly return such Subscription Equipment. Such Subscription Equipment must be returned within thirty (30) days of notifying TECHLESS, INC of your decision to downgrade/upgrade your Service(s), unless otherwise instructed in writing by a TECHLESS, INC representative. The returned Subscription Equipment must be in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use. Upon your notification to TECHLESS, INC that you intend to terminate or downgrade/upgrade Services in a manner requiring return of your Subscription Equipment, TECHLESS, INC will issue you a return material authorization (“RMA”) number and you will mail the Subscription Equipment to: TECHLESS, INC Attn: TECHLESS, INC Device Replacements PO Box 166, Shiner, TX 77984 The RMA number must be included on the outside carton label of the returned Subscription Equipment. TECHLESS, INC will inspect the Subscription Equipment for damage upon receipt. This provision shall survive the termination or expiration of this Agreement.
4.5.3 If you do not promptly return your Subscription Equipment in accordance with this Section 4.5.3, or if it is returned damaged or missing components (“Unreturned Subscription Equipment”), the damages TECHLESS, INC will incur will be difficult to ascertain. Therefore, TECHLESS, INC may charge your account for your Unreturned Subscription Equipment, a one-time Unreturned Subscription Equipment charge as liquidated damages in an amount equal to TECHLESS, INC ’s reasonable estimates of the replacement costs and incidental costs that TECHLESS, INC incurs (the “Unreturned Subscription Equipment Charge”); provided, however, that such amount will not exceed the maximum amount permitted by law or the replacement cost of the Subscription Equipment. You will be responsible for (i) any missing components of, or damage to the Subscription Equipment as assessed by TECHLESS, INC upon, (ii) the replacement cost of such Subscription Equipment if it is lost or damaged during transit, and (iii) shipping/handling costs, unless TECHLESS, INC provides written notice in advance that it will pay such costs.
4.6 Device Connectivity; Inactivity; Deactivation; and Reprovisioning
IMPORTANT: Certain TECHLESS devices require periodic internet connectivity and an active subscription to maintain full functionality. Failure to maintain connectivity or subscription status may result in limited functionality or deactivation.
4.6.1 Device Connectivity Requirement. Certain TECHLESS, INC Devices, including but not limited to Wisephone-branded devices and devices operating WiseOS, require periodic internet connectivity in order to authenticate subscription status, receive Updates, install security patches, synchronize policy configurations, and maintain system compliance (“Device Check-In”). Manager agrees that devices must periodically connect to WiFi or another internet-enabled connection to complete a Device Check-In.
4.6.2 Inactive Devices. A device will be considered “Inactive” if it fails to complete a Device Check-In for ninety (90) consecutive days and/or is not associated with an active WiseOS subscription or other required Service subscription.
4.6.3 Right to Restrict or Deactivate. TECHLESS reserves the right, in its reasonable discretion and subject to applicable law, to limit, suspend, restrict, or deactivate any Inactive device. A deactivated device may enter a limited functionality mode, loading state, restricted operating state, or become non-operational until reprovisioned. TECHLESS will not deactivate a device solely due to temporary connectivity outages beyond the Manager’s reasonable control.
4.6.4 Notice of Inactivity. TECHLESS, INC may attempt to provide notice of device inactivity or impending deactivation using the contact information associated with the applicable Account. Failure to receive, access, or respond to such notice shall not limit TECHLESS, INC’s right to deactivate the device. Device Check-In requirements are necessary to maintain security updates, subscription validation, and system integrity. TECHLESS, INC will make reasonable efforts to notify the Account holder prior to deactivation when contact information is current.
4.6.5 Reprovisioning Fee. If a device has been deactivated due to inactivity, TECHLESS, INC may require payment of a reprovisioning fee (currently forty dollars ($40) per device) before restoring device functionality (the “Reprovisioning Fee”). The Reprovisioning Fee reflects reasonable administrative, technical, and security restoration costs and is not a penalty. The Reprovisioning Fee will not exceed TECHLESS’s reasonable costs associated with restoration. Reprovisioning may require verification of account ownership, confirmation of active subscription status, and installation of required Updates. In certain circumstances, devices may need to be shipped to TECHLESS, INC for security review and reprovisioning. The Reprovisioning Fee is non-refundable, except as required by applicable law. TECHLESS, INC reserves the right to modify the Reprovisioning Fee in accordance with Section 5 of the General Terms and Conditions.
4.6.6 No Guarantee of Restoration. Restoration may not be possible in certain limited circumstances, including unsupported software versions or discontinued product lines.
4.6.7 Relationship to Subscription Status. Device operability, features, and continued access to WiseOS or other Services may depend upon maintaining an active subscription. Lapse, cancellation, or termination of subscription may result in reduced functionality or device deactivation.
4.6.8 Lost, Stolen, Broken, or Transferred Devices. Manager agrees to promptly notify TECHLESS, INC if any device is lost, stolen, broken, transferred, or permanently removed from service. Failure to provide such notice may result in continued enforcement of inactivity or subscription policies under these Terms.
4.7 Device Provisioning; Third-Party Platform Terms; Agency Authorization.
4.7.1 Pre-Provisioned Devices. Certain TECHLESS, INC Devices and Wisephone devices are configured, enrolled, or provisioned prior to shipment using third-party mobile device management platforms and operating system frameworks, including but not limited to Samsung Knox, Android Enterprise, Google Mobile Services, and related provisioning systems (“Platform Providers”).
4.7.2 Acceptance of Platform Terms on Your Behalf. In order to configure and enable device functionality, security controls, management policies, operating system features, and application services, TECHLESS, INC may be required to accept, click-through, or otherwise agree to Platform Provider terms, licenses, or enrollment agreements during provisioning. By purchasing, activating, receiving, or using any pre-provisioned Device, you expressly authorize TECHLESS, INC to act as your limited agent solely for the purpose of accepting such Platform Provider terms as necessary to provision, enroll, configure, and deliver the Device and related Services. Such provisioning may require transmitting device identifiers (including IMEI, serial number, Android ID, enrollment tokens, or similar identifiers) to Platform Providers solely for enrollment and management purposes.
4.7.3 Ratification by Activation and Use. Activation, possession, continued use, enrollment, or failure to timely return a Device constitutes your acknowledgment and ratification of (i) these Terms, and (ii) any applicable Platform Provider terms required to enable device management, operating system functionality, application services, or security enforcement. If you do not agree to such terms, your sole remedy is to discontinue use and return the Device in accordance with applicable return policies.
4.7.4 Platform Governance. Devices operating on Android, Samsung Knox, Google services, or similar ecosystems are subject to the applicable Platform Providers’ terms and privacy policies. TECHLESS, INC does not control and is not responsible for the independent data practices of Platform Providers. TECHLESS, INC does not control the data collection, processing, retention, or security practices of any Platform Provider and disclaims all liability arising from their independent data practices.
4.7.5 No Separate Signature Required. You acknowledge and agree that no separate signature, click-through, or additional affirmative act is required for Platform Provider terms accepted during provisioning to be binding upon you, and that such acceptance is limited solely to the extent necessary to provision and configure the Device.
4.7.6 Platform Changes and Dependencies. TECHLESS, INC is not responsible for service interruptions, feature limitations, device deactivation, or loss of functionality resulting from changes made by Platform Providers, including but not limited to updates to Android, Samsung Knox, Google Mobile Services, Android Enterprise, or related frameworks. Continued functionality of certain features may depend on third-party platform support, which TECHLESS, INC does not control.
5. License Grant; Restrictions.
5.1 License Grants. Subject to the terms and conditions of these TECHLESS, INC Management Services Terms, TECHLESS, INC hereby grants to Manager and Managed User a personal, non-exclusive, non transferable, non-sublicensable, revocable, limited license only (i) to install, administer, and operate the TECHLESS, INC Device as part of a home network or any other compatible network over which Manager has administrative authority; (ii) to install and integrate the TECHLESS, INC Management Software in conjunction with Manager’s and Managed User’s network, User Device(s), and other devices designed to access the TECHLESS, INC Management Services and/or the Managed Account(s); (iii) to use the TECHLESS, INC Management Software in complete, unmodified form on any such home network, computer, mobile device, User Device, TECHLESS, INC Device, or other device designed to interact with the TECHLESS, INC Management Services; (iv) to access the TECHLESS, INC Management Services and use the features and functionality provided by TECHLESS, INC via the TECHLESS, INC Management Services; and (v) to access and use TECHLESS, INC Content solely for the personal, non-commercial use by Manager, and Managed Users. Any other use is expressly prohibited. Unauthorized use of TECHLESS, INC Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
5.2 Restrictions on Use. Manager and Managed User shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code, libraries for or structure of, or decrypt the TECHLESS, INC Management Software, TECHLESS, INC Content, API, or the TECHLESS, INC Management Services, even for research purposes; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from any Product(s); (iii) use the Product(s) in a manner that derives revenue directly from such use, or use the Product(s) for any other purpose for which it is not designed or intended; (iv) install, use or permit the TECHLESS, INC Content, API, or TECHLESS, INC Management Software to exist on any device or computer not allowed hereunder, or access TECHLESS, INC Content or the TECHLESS, INC Management Services in a manner not permitted or authorized hereunder; (v) distribute the TECHLESS, INC Management Software, API, or passwords to access TECHLESS, INC Content or the TECHLESS, INC Management Services to unauthorized devices or users; (vi) use TECHLESS, INC Content, API, TECHLESS, INC Management Software or the TECHLESS, INC Management Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by TECHLESS, INC , or use, display, mirror or frame the TECHLESS, INC Management Services, or any feature, functionality, tool or content of the TECHLESS, INC Management Services, TECHLESS, INC’s name, any TECHLESS, INC trademark, logo or other proprietary information, without TECHLESS, INC ’s express written consent; (vii) use any Product(s) to send automated queries to any website or to send any unsolicited commercial e-mail; (viii) use any proprietary information or interfaces of TECHLESS, INC or other intellectual property of TECHLESS, INC in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the TECHLESS, INC Management Software or TECHLESS, INC Devices or that uses TECHLESS, INC Content; (ix) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent, disable or tamper with any security-related components or other protective measures applicable to any Product(s), TECHLESS, INC ’s computer systems, or any technological measure implemented by TECHLESS, INC or any of TECHLESS, INC ’s providers or any other third party to protect the Products or the Managed Account status, including by attempting to access or use the TECHLESS, INC Management Services if the Managed Account has been suspended or canceled or Manager or Managed User has otherwise been temporarily or permanently prohibited or blocked from using the TECHLESS, INC Management Services; (x) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate TECHLESS, INC Content, API, TECHLESS, INC Management Software, or TECHLESS, INC Management. Services; (xi) probe, scan, or test the vulnerability of any system or network of TECHLESS, INC or its providers, or breach or circumvent any security or authentication measures of such system or network; (xii) interfere with, disrupt, damage or compromise the TECHLESS, INC Management Services or TECHLESS, INC’s systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the TECHLESS, INC Management Services or otherwise imposing an unreasonable or disproportionately large load on the TECHLESS, INC Management Services; (xiii) access, copy, distribute, share, publish, use or store any TECHLESS, INC Content, including any information from or about any Managed User, for purposes that are inconsistent with the Privacy Policy or these TECHLESS, INC Management Services Terms, or otherwise violate the privacy rights or any other rights of Managed Users or any other third party, including by disclosing, selling, renting, distributing or exposing any TECHLESS, INC Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the TECHLESS, INC Management Services; (xiv) query the API in a manner which causes damage or disruption to TECHLESS, IN ’s servers or cloud services, or interferes with the operation of the API or Services for other users; (xv) attempt to utilize the API as a vector for scripts, worms, malware, or other intrusions into TECHLESS, INC’s networks, servers, or cloud services for any reason; (xvi) use any Product(s) for the purpose of directly competing with TECHLESS, INC ; (xvii) use any Product(s) or other material in violation of any applicable law or regulation, including but not limited to any regulatory agency, such as FCC, rules or use or allow use of TECHLESS, INC Content, the TECHLESS, INC Management Services, API, or TECHLESS, INC Management Software for any non-permitted activities or purposes; (xviii) sell, lease, abandon, or give away the Subscription Equipment; or (xix) attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing. These obligations survive termination of these TECHLESS, INC Management Services Terms.
5.3 Restriction on Modification. Manager and Managed User may not modify the TECHLESS, INC Devices, TECHLESS, INC Subscription Equipment, TECHLESS, INC Management Software, TECHLESS, INC Content, or the TECHLESS, INC Management Services for use in any way other than as described in Section 4.1 of these TECHLESS, INC Management Services Terms. Any such modification will void any warranties, whether express or implied, on the TECHLESS, INC Devices and the TECHLESS, INC Management Software, and subject Manager and Managed User to immediate termination of the TECHLESS, INC Management Services. Further, any tampering with, destruction of, or other alteration of a TECHLESS, INC Device will void any warranties, express or implied, on the TECHLESS, INC Device. If and to the extent that the TECHLESS, INC Management Software is designed to be compliant with any published communications standard (including, without limitation, Bluetooth SIG, IEEE, and ITU standards), Manager and Managed User may not make any modifications to the TECHLESS, INC Management Software that would cause the TECHLESS, INC Management Software or the accompanying TECHLESS, INC Device to be incompatible with such standard.
5.4 Restriction on Distribution. Manager and Managed User shall not distribute or provide access to any of the Products, nor hold itself out as a distributor, author, or creator of any of the Products, nor lead others to believe through implicit or explicit means that it has the right to sublicense or otherwise distribute or provide access to any of the Products. Manager and Managed User may not loan, lease, rent, distribute, resell, or otherwise distribute or provide access to the Products other than as provided by the terms of these TECHLESS, INC Management Services Terms without the express written consent of TECHLESS, INC .
6. Ownership. 6.1 Ownership. TECHLESS, INC shall retain all right, title and interest, including all intellectual property rights, in and to (i) the design and technical specifications of the TECHLESS, INC Devices; (ii) all current or future TECHLESS, INC applications, including the TECHLESS, INC Apps; (iii) the TECHLESS, INC Management Software; (iv) the TECHLESS, INC Management Services; (v) the TECHLESS, INC Content, (vi) Subscription Equipment, and (vii) TECHLESS, INC Devices. Furthermore, Manager and Managed User acknowledge and agree that the source code and object code of the TECHLESS, INC Management Software and the format, directories, queries, algorithms, structure and organization of the TECHLESS, INC Management Software are the intellectual property and proprietary and confidential information of TECHLESS, INC and/or its collaborators, licensors and suppliers. Manager and Managed User hereby acknowledge and agree that they have no rights in or to any Product(s) apart from those granted in these TECHLESS, INC Management Services Terms. Manager and Managed User hereby covenant that they will not assert any claim that any Product(s) provided by TECHLESS, INC hereunder and used or accessed by Manager or Managed User from time to time, regardless of whether created by or for TECHLESS, INC, including any derivative works thereof, infringes any intellectual property right owned or controlled by Manager or Managed User. Manager and Managed User acknowledge and agree that the TECHLESS, INC Management Software, API, and all TECHLESS, INC Content and the compilation (meaning the collection, arrangement, and assembly) of all TECHLESS, INC Content are the property of TECHLESS, INC or its licensors and are protected under copyright, trademark, and other laws. You agree that Subscription Equipment will remain the property of TECHLESS, INC and you will not acquire any ownership or other interest in any Subscription Equipment or any TECHLESS, INC Management Software incorporated therein by virtue of any payment made pursuant to these Terms or by any attachment of the Subscription Equipment to your premises in which they are used (the “Premises”). You agree that Subscription Equipment will not be deemed fixtures or in any way part of the Premises. You agree to use Subscription Equipment only for receiving and/or using the TECHLESS, INC Home Services pursuant to these Terms. Ownership of any physical device does not grant perpetual or unconditional access to TECHLESS, INC software, firmware, WiseOS, or Services, all of which are licensed and subject to compliance with these Terms.
6.2 No Other Rights Granted. Apart from the license rights expressly set forth in these TECHLESS, INC Management Services Terms, TECHLESS, INC does not grant, and Manager and Managed User do not receive, any ownership right, title or interest nor any security interest or other interest in or to any intellectual property rights relating to the TECHLESS, INC Devices, the TECHLESS, INC Management Services, TECHLESS, INC Content, API, and/or the TECHLESS, INC Management Software, nor in or to any copy of any part of the foregoing. Manager and Managed User shall not have any right to grant a security interest in or to the TECHLESS, INC Management Services, TECHLESS, INC Content, API, and/or the TECHLESS, INC Management Software, or to any intellectual property relating to the foregoing or to any TECHLESS, INC Device.
6.3 Proprietary Notices. Manager and Managed User shall not remove, efface or obscure any copyright or trademark notices from the TECHLESS, INC Content, TECHLESS, INC Management Software or the TECHLESS, INC Management Services or from any copies thereof. Manager and Managed User acknowledge that any symbols, trademarks, trade names, and service marks adopted by TECHLESS, INC to identify any Product belong to TECHLESS, INC and that Manager and Managed User shall have no rights therein.
6.4 Third-Party Content. The TECHLESS, INC Management Services may contain content from TECHLESS, INC’s partners and licensors. Except as provided within these TECHLESS, INC Management Services Terms, Manager and Managed User may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make derivative works based on, or sell any content appearing on or through the TECHLESS, INC Management Services. Manager and Managed User understand and agree that Manager will not obtain, as a result of its use of the TECHLESS, INC Management Services, any right, title, or interest in or to the TECHLESS, INC Content, or any third party delivered via the TECHLESS, INC Management Services or in any intellectual property rights therein (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights).
6.5 Usage Data. Use of the TECHLESS, INC Management Services, and features and applications within the TECHLESS, INC Management Services, creates a record of Submissions and Usage Data. Subject to the terms outlined in the Privacy Policy, TECHLESS, INC requires this Usage Data to: enable the provision of the TECHLESS, INC Management Services; test, improve, and refine the capabilities of the TECHLESS, INC Management Software; provide summary statistics on application and feature use, "up times," software response times, and other measures of application usage and performance; and for purposes with similar objectives of application improvement, improved feature development, and user behavior studies and reports. By using the TECHLESS, INC Management Services, Manager and Managed User grant TECHLESS, INC a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, analyze, aggregate, and otherwise exploit the Usage Data for the purposes described herein, including improving, developing, supporting, and operating the Products and Services. Manager and Managed User retain any ownership rights they may have in Usage Data, subject to the foregoing license.
6.6 Account Data. TECHLESS, INC claims no ownership over the Account Data of the Manager and Managed User. Manager and Managed User respectively grant TECHLESS, INC a world-wide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit their Account Data for the purposes of providing the TECHLESS, INC Management Services. As between TECHLESS, INC and Manager or Managed User, as the case may be, Manager and Managed User retain all copyright and trademark rights to any of such Account Data.
7. Data Protection and Privacy.
7.1 Protection of Personal Data. TECHLESS, INC processes and uses the Account Data of the Manager and Managed User to deliver, analyze, support and improve the Products and as otherwise permitted in these TECHLESS, INC Management Services Terms and the Privacy Policy. TECHLESS, INC will maintain appropriate administrative, physical and technical safeguards, which are designed to protect the security, confidentiality and integrity of Personal Data processed by TECHLESS, INC. Manager and Managed User agree that TECHLESS, INC may share their Account Data with third party service providers consistent with the Privacy Policy in order to assist in providing and improving the Products, provided that such third-party service providers agree to provide no less than the same level of data protection and information security required of TECHLESS, INC hereunder.
7.2 State Specific Provisions. The provisions of Section 13 of the General Terms and Conditions are hereby incorporated by reference and apply to these TECHLESS, INC Management Services Terms with the necessary amendments (mutatis mutandis).
7.3 International Data Transfers. Manager and Managed User agree that TECHLESS, INC may process and store their Account Data outside of the country where it was collected, provided that, with respect to TECHLESS, INC ’s transfer of Account Data that constitutes Personal Data, TECHLESS, INC shall ensure that, notwithstanding any cross-border transfer of data, it shall always remain compliant with its obligations under Section 7.1 of these TECHLESS, INC Management Services Terms.
7.4 Communications. By using the TECHLESS, INC Management Services or providing Personal Data to TECHLESS, INC , Manager and Managed User agree that TECHLESS, INC may communicate with Manager electronically regarding security, privacy, and administrative issues relating to Manager’s and Managed User’s use of the TECHLESS, INC Management Services, as well as for product releases, product updates, marketing events, and third-party products or services TECHLESS, INC would like to communicate with Manager about. If TECHLESS, INC learns of a security breach, TECHLESS, INC may attempt to notify Manager electronically by posting a notice on the TECHLESS, INC Management Services or sending an email to Manager. Manager may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw Manager’s consent from receiving electronic notice), please write to TECHLESS, INC at hi@wisephone.com.
8. Limitations of the TECHLESS, INC Management Services; Location Services.
8.1 Content Blocking Not Guaranteed. Manager and Managed User acknowledge that use of the Management Services does not guarantee that content Manager or Managed User deems objectionable will be 100% unavailable at all times or at any time. Manager and Managed User assume full risk and responsibility for the use of or reliance on the TECHLESS, INC Management Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. TECHLESS, INC strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that Manager or Managed User would deem acceptable will not be blocked by the TECHLESS, INC Management Services. In the event that Manager or Managed User believes TECHLESS, INC is miscategorizing a site or service, please contact TECHLESS, INC support at hi@wisephone.com, to submit the issue for review.
8.2 Service Limitations. There are certain circumstances that may limit the availability or effectiveness of the TECHLESS, INC Management Services, including:
8.2.1 Service Area - The TECHLESS, INC Management Services are currently configured for use in the local jurisdiction in which Manager and Managed User registered for the TECHLESS, IN Management Services. For example, users that registered for the TECHLESS, INC Management Services in the United States will be limited to use of the TECHLESS, INC Management Services only in the United States, and users that registered for the TECHLESS, INC Management Services in another country will be limited to use of the TECHLESS, INC Management Services in such country. Notwithstanding the foregoing, use of the TECHLESS, INC Management Services and TECHLESS, INC Devices is limited to the United States and those other countries and/or territories identified in Section 13 of the General Terms and Conditions. Any use of the TECHLESS, INC Management Services and/or TECHLESS, INC Devices outside of such countries and/or territories is strictly prohibited.
8.2.2 Service Interruptions - The TECHLESS, INC Management Services can be interrupted for any reason that disrupts internet access or GPS capabilities, including in the event of: (a) electrical power outages, (b) natural disasters, (c) electronic interference, (d) an outage affecting the data transport service, (e) failure of originating or terminating access lines, (f) network congestion and/or reduced routing speed of TECHLESS, INC ’s network or another network (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks), (g) compatibility issues, or (h) equipment failures relating to your equipment (e.g., your Page 23 of 28 mobile phone) or TECHLESS, INC’s equipment, including, hardware or software failures or misconfiguration affecting TECHLESS, INC, its offices, data centers, and/or any of its service providers.
8.2.3 Location Services. Certain features of the Services are designed to collect and share location information about your Users. To access and use these features, the Services collect location, sensory and motion data from your User(s)’ mobile device to share location information and otherwise provide or facilitate the features and functionality of the Services. To work properly, these features require the corresponding TECHLESS, INC App to be installed on the User Device for which location and movement data will be provided, and require access to location, sensory and motion data from the User Device. These features may not work properly if the corresponding device permissions and settings allowing access to location, sensory and motion data are not properly configured or enabled. In addition, the features may not work for a variety of reasons, such as if the device that the TECHLESS, INC App is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a wi-fi network), if location services are turned off, if the Services are not being used or are blocked on the User Device, if the User is making a phone call through the User Device, and for other reasons. Please refer to your User’s app settings to learn more about accessing and using these features.
9. Warranty and Support.
9.1 Limited Warranty on the TECHLESS, INC Devices. This limited warranty covers the operation of TECHLESS, INC Devices in Manager’s and Managed User’s home network. All TECHLESS, INC Devices purchased from TECHLESS, INC (which, for the avoidance of doubt, excludes all Third Party Hardware), carry a warranty of operability for a period of twelve (12) months from the date of purchase from a Service Provider. Subscription Equipment carries a warranty of operability for a period equal to the term of your subscription for such Subscription Equipment. If a TECHLESS, INC Device fails to power on, does not successfully initialize, or otherwise fails due to a manufacturing defect or through the normal use or wear of the TECHLESS, INC Device when used in accordance with TECHLESS, INC’s applicable specifications during the warranty period, MANAGER’S AND MANAGED USER’S FIRST RECOURSE FOR REFUNDS OR EXCHANGES IS TO THE RETAILER WHERE THE DEVICE WAS PURCHASED ACCORDING TO THE RETAILER’S RETURN POLICIES. If the retailer is unable to exchange or refund the purchase, or if the TECHLESS, INC Device was purchased directly from TECHLESS, INC or is provided by TECHLESS, INC as Subscription Equipment, Manager or Managed User may send the malfunctioning device, along with a copy of the purchase receipt, a return material authorization (“RMA”) number issued in advance by our technical support agent, and, if applicable, a description of the problems encountered, to: TECHLESS, INC Attn: PO Box 166, Shiner, TX 77984 When requesting an RMA number, proof of purchase or proof of installation by a Service Provider must be provided. The RMA number must be included on the outside carton label of the returned TECHLESS, INC Device. TECHLESS, INC will inspect the TECHLESS, INC Device and any accompanying documentation of malfunction. After such inspection, and depending upon the findings of such inspection, TECHLESS, INC may, at its discretion: (i) return the TECHLESS, INC Device to the Manager or Managed User with a certification that it is functional; (ii) repair any manufacturing defect or malfunction caused by the normal use or wear of the TECHLESS, INC Device when used in accordance with TECHLESS, INC’s applicable specifications, and then return the TECHLESS, INC Device to the Manager or Managed User with a certification that a repair has been made, and that the TECHLESS, INC Device should now function according to TECHLESS, INC ’s applicable specifications; (iii) issue a refund to Manager or Managed User (for TECHLESS, INC Devices purchased directly from TECHLESS, INC); (iv) send a replacement TECHLESS, INC Device to Manager or Managed User; or (v) notify Manager or Managed User that the device is not subject or entitled to the limited warranty. IF THE TECHLESS, INC DEVICE IS SUBJECT AND ENTITLED TO THE LIMITED WARRANTY, MANAGER OR MANAGED USER SHALL BE ENTITLED UNDER THIS SECTION TO A REFUND OF ITS PURCHASE PRICE, REPAIR OF ITS TECHLESS, INC DEVICE, OR A REPLACEMENT TECHLESS, INC DEVICE, AT TECHLESS, INC ’S ELECTION. MANAGER AND MANAGED USER ACKNOWLEDGE AND AGREE THAT THIS LIMITED WARRANTY DOES NOT COVER ANY WEAR OR DAMAGE RESULTING FROM THE INCORRECT USE OF A TECHLESS, INC DEVICE, AND PROVIDES NO OTHER REMEDIES OR IMPLIES ANY LIABILITY ON TECHLESS, INC ’S PART. The limited warranty does not apply to any Device that has been suspended or deactivated due to inactivity, failure to complete required Device Check-Ins, lapse or termination of a required subscription, policy violations, unauthorized modification, tampering, misuse, or use inconsistent with these Terms. Deactivation resulting from non-payment, chargebacks, subscription cancellation, or account suspension shall not constitute a defect under this Limited Warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
9.2 Third-Party Manufactured Devices. Certain Devices sold by TECHLESS, INC may be manufactured by third-party hardware manufacturers, including but not limited to Samsung or other original equipment manufacturers (“OEM Devices”). Although such Devices may incorporate third-party hardware components, when purchased directly from TECHLESS, INC, TECHLESS, INC acts as the seller of record and will administer any applicable limited warranty claims during the applicable warranty period.
If an OEM Device experiences a manufacturing defect during the applicable limited warranty period, Manager or Managed User must contact TECHLESS, INC Support for warranty evaluation and instructions. Customers should contact TECHLESS, INC Support first for all warranty-related issues, including hardware or software concerns, and TECHLESS, INC will determine whether the issue is handled directly, through a certified technician, or through the original manufacturer. TECHLESS, INC may, at its discretion: (i) facilitate repair through a certified technician; (ii) coordinate manufacturer warranty service; (iii) repair the Device; (iv) replace the Device; or (v) determine that the issue is not covered under warranty.
Nothing in this Section expands, modifies, or extends any manufacturer warranty. Coverage does not apply to damage resulting from misuse, unauthorized modification, improper repair attempts, accidental damage, normal wear and tear, software modifications, third-party firmware alterations, or use inconsistent with these Terms. TECHLESS, INC does not provide any warranty coverage beyond the manufacturer’s original limited warranty except as expressly stated herein.
Platform software, operating systems, and third-party services (including but not limited to Android, Samsung Knox, or Google Mobile Services) are governed by their respective providers and are not warranted by TECHLESS, INC.
9.3 Disclaimer of Warranties. THE TECHLESS, INC DEVICES, THE SUPPORT SERVICES, THE API, THE TECHLESS, INC CONTENT, AND THE TECHLESS, INC MANAGEMENT SOFTWARE ARE ALL OFFERED "AS IS" AND “WITH ALL FAULTS.” TO THE EXTENT PERMITTED BY LAW, AND APART FROM THE LIMITED WARRANTY IN SECTION 9.1 OF THESE TECHLESS, INC MANAGEMENT SERVICES TERMS, TECHLESS, INC GRANTS AND MANAGER AND MANAGED USER RECEIVES NO WARRANTIES OF ANY KIND, WHETHER ESTABLISHED BY STATUTE, COMMUNICATION OR CONDUCT WITH MANAGER OR MANAGED USER, OR OTHERWISE. TECHLESS, INC DISCLAIMS ALL AND GRANTS NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT CONCERNING ANY PRODUCT(S), OR ANY UPGRADES TO OR DOCUMENTATION FOR ANY OF THE PRODUCT(S). WITHOUT LIMITATION OF THE ABOVE, TECHLESS, INC GRANTS NO WARRANTY THAT THE PRODUCTS OR SUPPORT SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING THEIR USE OR THE RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, ACCURACY OR RELIABILITY. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TECHLESS, INC MANAGEMENT SERVICES TERMS. FURTHERMORE, TECHLESS, INC AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCTS OR SUPPORT SERVICES WILL MEET YOUR REQUIREMENTS; (II) USE OF THE PRODUCTS WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SUPPORT SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH USE OF THE PRODUCTS WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE PRODUCTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECHLESS, INC OR FROM USE OF THE PRODUCTS OR SUPPORT SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT TECHLESS, INC AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE.
9.4 Manager Acknowledgements and Warranties. Manager and Managed User represent and warrant to TECHLESS, INC that:
9.4.1 Manager has the power and authority to accept and agree to the TECHLESS, INC Management Services Terms, both in his/her personal capacity and, where applicable, on behalf of Managed User and is duly authorized to act for and on behalf of Managed User, and to give the applicable undertakings and consents contained herein;
9.4.2 Manager owns or controls all of the rights necessary to grant the rights and licenses granted herein, including, without limitation, all necessary authority and right to monitor and collect the Account Data collected by or through the TECHLESS, INC Management Services;
9.4.3 Manager has requested and received the consent of any Managed User contemplated in clause 4.2.1, including to share Managed User’s Personal Data with TECHLESS, INC;
9.4.4 To the extent Manager or Managed User has installed or otherwise uses a TECHLESS, INC Device, Manager has informed or will inform all persons using the network to be monitored, that their activities will be monitored by the TECHLESS, INC Management Services and any related data, including Account Data concerning all Managed Users, may be accessed by Manager and/or the TECHLESS, INC or the applicable Service Provider;
9.4.5 Manager and Managed User will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Account Data or otherwise in connection with Manager’s and Managed User’s access to or use of the Products;
9.4.6 the exercise by TECHLESS, INC of the rights granted by Manager and Managed User hereunder will not cause TECHLESS, INC to violate any applicable laws, rules or regulations, or to infringe the rights of any third party; and
9.4.7 all account information provided by Manager and/or Managed User will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
9.5 Modifications and Updates. TECHLESS, INC reserves the right, in its sole discretion, to modify or discontinue offering any Product(s), in whole or in part, including any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to Manager or Managed User. TECHLESS, INC may from time to time develop and provide Updates for the Products. Updates may also modify or delete features, functionality, tools or content in their entirety. Based on Product settings, when Product(s) are connected to the internet either: (a) the Updates will automatically download and install; or (b) Manager may receive notice of or be prompted to download and install available Updates. Manager agrees to promptly download and install all required or automated Updates made available by TECHLESS, INC from time to time, including all available patches to address security, interoperability or performance issues. If Manager does not install the latest Updates, portions of the Products may not properly operate. All Updates will be deemed part of the Products and be subject to all terms and conditions of these TECHLESS, INC Management Services Terms. Manager agrees that TECHLESS, INC has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuances or deletions.
9.6 Supported Uses. Use of the Products is limited to the systems and applications that are supported. Manager is required to read the documentation delivered with the Products or provided online by TECHLESS, INC to determine if its intended use is supported. The Products are not designed, intended, or certified for use in components of systems intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, life support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous application in which the failure of the Products could create a situation where personal injury or death may occur. Manager and Managed User understand that use of the Products in such applications is fully at the risk of Manager and Managed User.
9.7 Permission to Access; Support. Manager and Managed User understand and agree that directly requesting Support Services through any communication channel for the setup, continued use, or technical troubleshooting of its Products or Managed Account(s) will also constitute express permission to allow TECHLESS, INC or its duly authorized support representatives to access Manager’s and Managed User’s Products, User Device(s) or Managed Account details remotely for the sole purposes of viewing or changing logs, configurations, software processes, or any other information stored locally on such Products, User Device or in TECHLESS, INC servers. TECHLESS, INC requires such access in order to troubleshoot, debug, or optimize the setup or use of the TECHLESS, INC Management Services. Manager may limit the level of access TECHLESS, INC or its duly authorized support representatives have to Manager's and Managed User’s Products or User Devices or Managed Account only by explicitly stating at the moment of the support request the specific limitations they wish to impose with regard to the logs, diagnostics, configurations, software processes, or other locally-stored information. Manager and Managed User agree that nothing in these TECHLESS, INC Management Services Terms shall obligate TECHLESS, INC to provide any Support Services for the Products. TECHLESS, INC may, but shall be under no obligation to, correct any defects in the Products and/or provide updates to the Products. Manager shall make reasonable efforts to promptly report to TECHLESS, INC any defects it finds in the Products, as an aid to creating improved revisions of the Products. MANAGER AND MANAGED USER UNDERSTAND THAT THE SUPPORT SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TECHLESS, INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUPPORT SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT OR MATERIALS OBTAINED OR MADE AVAILABLE TO YOU THROUGH THE SUPPORT SERVICES. YOUR USE OF THE SUPPORT SERVICES AND ALL INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SUPPORT SERVICES IS AT YOUR SOLE RISK. MANAGER AND MANAGED USER ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE IN ADDITION TO, AND NOT IN SUBSTITUTION OF, THE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 9.2 OF THESE TECHLESS, INC MANAGEMENT SERVICES TERMS AND SECTION 7 OF THE GENERAL TERMS AND CONDITIONS.
10. Confidentiality.
10.1 Obligations. Manager and Managed User acknowledge and agree that any documentation relating to the Products, and any other information (if such other information is identified as confidential or should be recognized as confidential under the circumstances) provided to Manager or Managed User by TECHLESS, INC hereunder shall constitute “Confidential Information” of TECHLESS, INC, and that Manager's and Managed User’s protection thereof is an essential condition to Manager's and Managed User’s use and possession of the Products. Manager and Managed User shall: (a) retain all Confidential Information in strict confidence and not disclose it to any third party unless otherwise required to comply with law or a binding order of a court of governmental authority with the authority to require disclosure. Manager and Managed User will exercise at least the same amount of diligence in preserving the secrecy of the Confidential Information as it uses in preserving the secrecy of its own confidential information, but in no event less than reasonable diligence. Information shall not be considered Confidential Information if and to the extent that it: (i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of the Manager or Managed User; (ii) was known to the Manager or Managed User, without restriction, at the time of disclosure as proven by the files of Manager or Managed User in existence at the time of disclosure; or (iii) was developed by or for Manager or Managed User without use or knowledge of or access to Confidential Information or violation of these TECHLESS, IN Management Services Terms or (iv) becomes known to Manager or Managed User, without restriction, from a source other than TECHLESS, INC without breach of these TECHLESS, INC Management Services Terms by Manager or Managed User and otherwise not in violation of TECHLESS, INC’s rights.
10.2 Return of Confidential Information. Notwithstanding the foregoing, all documents and other tangible objects containing or representing Confidential Information and all copies thereof which are in the possession of Manager and Managed User shall be and remain the property of TECHLESS, INC, and shall be promptly returned to TECHLESS, INC or destroyed, and all electronic copies deleted, upon written request by TECHLESS, INC or upon termination of these TECHLESS, INC Management Services Terms.
10.3 Injunctive Relief. In addition to any other rights and remedies available to TECHLESS, INC hereunder or at law, Manager and Managed User acknowledge and agree that any breach of confidentiality and non-disclosure such obligations may result in irreparable and continuing damage to TECHLESS, IN for which there will be no adequate remedy in damages, and the TECHLESS, INC will be authorized and entitled to seek injunctive relief, without the necessity of posting a bond even if otherwise normally required, and/or a decree for specific performance, and such further relief as may be proper from a court with competent jurisdiction.
11. Payment; Service Providers.
11.1 Purchases, Subscription Equipment and Payment Terms. If Manager or Managed User purchases Products directly from TECHLESS, INC, and/or subscribe for Subscription Equipment, Manager and Managed User hereby authorize TECHLESS, INC to charge the purchase amount and/or subscription fee to the Payment Mechanism on file in the amounts and on such payment dates as set forth in the Page Managed Account. Manager further authorizes TECHLESS, INC to charge any applicable Unreturned Subscription Equipment Charge to the Payment Mechanism on file with TECHLESS, IN . If Manager or Managed User purchased Products through a Service Provider, all payment-related terms (including, but not limited to, pricing, invoicing, billing, payment methods, delivery, returns, and late payment charges) will be set forth in Manager’s or Managed User’s agreement directly with such Service Provider. Notwithstanding anything to the contrary, the agreement between Manager or Managed User and Service Provider: (i) shall not modify any of the terms set forth herein, and (ii) is not binding on TECHLESS, INC.
11.2 Account Data. If Manager or Managed User purchases Products through a Service Provider, Manager and Managed User acknowledge and agree that such Service Provider may have access to their respective Account Data, including all data that may be captured or stored on a TECHLESS, INC Device as a result of Manager’s and Managed User’s use of the TECHLESS, INC Management Services. Manager and Managed User acknowledge and agree that TECHLESS, INC is not liable in any way with respect to such access or use of such Account Data by a Service Provider.
12. Export Regulations. MANAGER AND MANAGED USER UNDERSTAND AND AGREE THAT THE PRODUCTS ARE SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT RELATED LAWS AND REGULATIONS AND THAT MANAGER AND MANAGED USER MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE PRODUCTS EXCEPT AS PERMITTED UNDER THOSE LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT OR TRANSFER OF THE PRODUCTS TO CUBA, IRAN, NORTH KOREA, SUDAN AND SYRIA IS PROHIBITED.
13. Third Party Specific Provisions.
13.1 iOS Store. The following provisions apply to Products downloaded from the iOS Store: 13.1.1 Acknowledgement. Manager and Managed User acknowledge that these TECHLESS, INC Management Services Terms are between Manager, Managed User and TECHLESS, INC and not with Apple, Inc. or any of its affiliates (collectively, “Apple”) and that TECHLESS, INC, and not Apple, is solely responsible for the Products and the content thereof.
13.1.2 Scope of License. The license granted to Manager and Managed User hereunder for use of Products is limited to a personal, non-transferable, non-assignable, revocable and non-exclusive right to use the Products on any Apple-branded products owned or controlled by Manager or Managed User for the relevant subscription period and subject to the terms and conditions set forth in these TECHLESS, INC Management Services Terms, and as permitted by the usage rules set forth in the App Store Terms of Service.
13.1.3 Maintenance and Support. TECHLESS, INC, and not Apple, is solely responsible for providing maintenance and support services with respect to the Products. Manager and Managed User acknowledge and agree that Apple has no obligation whatsoever to furnish any such maintenance and/or support services with respect to the Products.
13.1.4 Warranty. TECHLESS, INC, and not Apple, is solely responsible for the breach of any warranties specifically set forth in these TECHLESS, INC Management Services Terms. If the Products fail to conform with any such warranties, including Manager’s or Managed User’s right to a refund, Manager or Managed User may notify Apple of such non-conformity and Apple will refund the purchase price paid by Manager or Managed User for the applicable Product(s) and, to the maximum extent permissible by applicable law, Apple will have no other warranty obligation whatsoever to Manager or Managed User with respect to the Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be TECHLESS, INC’s sole responsibility.
13.1.5 Product Claims. Manager and Managed User acknowledge that Apple is not responsible for addressing any claims Manager, Managed User or any third party may have relating to the Products or Manager’s or Managed User’s possession and/or use of that Product, including without limitation, (a) product liability claims, (b) any claim that the Products fail to conform to any applicable legal or regulatory requirement, or (c) any claims arising under consumer protection or similar legislation.
13.1.6 Intellectual Property Rights. Manager and Managed User acknowledge and agree that, in the event of any third party claim that the Products or Manager’s or Managed User’s use and possession of the same, infringes a third-party’s intellectual property rights, TECHLESS, INC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
13.1.7 Legal Compliance. Manager and Managed User each represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
13.1.8 TECHLESS, INC Name and Address. Manager and Managed User should direct any questions, complaints, or claims with respect to the Products to TECHLESS, INC at: TECHLESS, INC Attn: PO Box 166, Shiner, TX 77984
13.1.9 Third Party Terms of Agreement. Manager and Managed User must comply with applicable third party terms of agreement when using the Products.
13.1.10 Third Party Beneficiary. Manager and Managed User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiary of these TECHLESS, INC Management Services Terms and, upon acceptance by Manager and Managed User of these TECHLESS, INC Management Services Terms, Apple will have the right (and is deemed to have accepted such right) to enforce these TECHLESS, INC Management Services Terms against Manager and/or Managed User as a third party beneficiaries hereof.
13.2 Google API Services. The Products’ use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements, located at: https://developers.google.com/terms/api-services-user-data-policy.
Customer Service: If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, feel free to contact our Customer Support team.