Please read this Agreement carefully before accessing or using the Website or App. By accessing or using any part of the Website or App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or App or use any services. If these terms and conditions are considered an offer by Appmosys, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- General Disclaimer. FoneHome is a tool to assist you in locating your device. The App reports the device's location to the best of its ability. Appmosys makes absolutely no guarantees that any position reported by your device is correct or accurate. Appmosys also makes no guarantees that communications with the FoneHome website and server will be available at all times. Further, Appmosys will not be held liable for any losses or damages resulting from unauthorized access to your account and corresponding data. In addition, Appmosys makes absolutely no guarantees that the use of the FoneHome service will result in the successful recovery of a lost or stolen device.
- User Accounts. Appmosys allows you to create a free Account on the FoneHome system using your email address. You are responsible for the contents of your Account and Account information and Appmosys will not be held responsible for deletion, failure to store or unauthorized access to the contents of your Account. The contents of user Accounts are created by persons over whom Appmosys does not exercise any control and Appmosys does not assume responsibility for any user Accounts.
- Subscription Policy (Android). For Android devices, FoneHome offers both a restricted free version, with a limited amount of features, and a paid 'Pro' version which provides access to additional features. Subscriptions can be purchased and renewed on a per-device basis from our Website via the Paypal payment service. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Should you elect to cancel your FoneHome account or simply stop using the service, you will not be issued a refund or credit for any unused portion of your subscription.
- Subscription Policy (iOS). Currently there are no subscription fees in order to use the FoneHome website and service for iOS devices. The App must be purchased for a one-time fee from Apple's online App Store and installed in order for device tracking to function. Appmosys may at any time begin charging periodic fees to its users to access the website or use the App. Should Appmosys begin charging periodic fees, you will NOT be charged automatically, but will be notified beforehand and given a chance to decide whether to pay the subscription fees or stop using the FoneHome service.
- SMS Messages. Under certain conditions, when you issue a command to your Android device via our Website, we may send an SMS ("Text") message to your device in order to initiate the command. These SMS messages will be intercepted by the FoneHome app and be invisible to you. You understand that you will be billed for these SMS messages according to your device's mobile carrier and service plan.
- Mobile Data Usage. As the FoneHome app communicates with our servers, it sends and receives data which may be transferred over your mobile carrier's cellular network. While the amount of data transferred should be small, you understand that you are responsible for any data charges according to your device's mobile carrier and service plan.
- Intellectual Property. This Agreement does not transfer from Appmosys to you any Appmosys or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Appmosys. Appmosys, FoneHome, the FoneHome logo, and all other trademarks, service marks, graphics and logos used in connection with FoneHome, or the Website are trademarks or registered trademarks of Appmosys or Appmosys' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Appmosys or third-party trademarks.
- Changes. Appmosys reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Appmosys may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Appmosys may terminate your access to all or any part of the Website or App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website and App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website and App are provided “as is”. Appmosys and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Appmosys nor its suppliers and licensors, makes any warranty that the Website or App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and App at your own discretion and risk. You will be solely responsible for any loss or damages to your computer system, wireless device, or data resulting from your use of this system. Appmosys is in no way liable for any damages incurred to your device or your device's data, directly or indirectly, while using the App and / or Website. While Appmosys takes every reasonable precaution to ensure your data is kept secure, we make no guarantees to the security of this data and accept no responsibility should a security breach occur and user information become compromised.
- Limitation of Liability. In no event will Appmosys, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Appmosys shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Appmosys, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website or App, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Appmosys and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Appmosys, or by the posting by Appmosys of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website and App will be governed by the laws of the state of Indiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Indianapolis, Indiana. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Appmosys may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.