Terms of Use

Last updated: 08.06.2023

TABLE OF CONTENTS

1. 1. DEFINITIONS

   Site - a set of related web pages located under a single domain name mliteapp.com, which contain a description, features and information about mLite mobile and web application.

   mLite - a mobile and web application, description and features of which are provided on the Site and\or Apple App Store and Google App Store.

   Subscription – recurring payments for the use of mLite on a periodic basis.

   Target device – a smartphone, tablet, mobile phone or another similar device, which is tracked by you through mLite.

   Legal access to the target device - the users access to the target device belonging to this user, as well as the existence of other legal grounds for the collection and processing of information from the target device.

2. 2. GENERAL PROVISIONS

   The main purpose of the development and provision of mLite is to ensure the safety of property and/or life and health of your nearest and dearest, including children and wards.

   You are required to create an account for mLite usage. For the account creating you have to provide your email address.
   You understand that you require physical access to the target device to install the mLite.

   You will properly follow all instructions and documentation provided by us to you.

   You are aware that you may use mLite for more than one target device, when purchasing the subscription plan, but you have to reinstall it from the current device to the new one.

   You understand and agree, that we are not liable for consequences of services rendered. In case the target device is harmed due to services rendered, we will not be liable for such harm.

   You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information.

   You may not share or transfer any account. You may not disclose your password to anyone else.

   You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.

   We will not be liable for any losses caused by any unauthorized use of your account.

   To start tracking a target device, you have to install mLite on the target device, specify a code, provided by us through mLite, installed on your device as mobile application or displayed on browser as web application, and connect each device (your device and the target device) by confirming that in mLite on your device.

   To be eligible to use the Services, you must meet the following criteria and represent and warrant that you:

   • are 18 years of age or older;
   • are not currently residing in a prohibited territory/jurisdiction restricted from the Services;
   • have full power and authority to enter into our Terms;
   • will not violate any rights of the Company including intellectual property rights such as copyright or trademark rights;
   • and agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

   We do not guarantee that our Services will always be available or be uninterrupted.

   You are responsible for making all arrangements necessary for you to have access to our Services.

   We do not represent that our Services will be available in other locations. We may limit the availability of our Services or specific functionality to any user or geographic area at any time.

   If you choose to access our Services from a prohibited jurisdiction, you do so at your own risk.

3. 3. PREMIUM SERVICES

   Our mLite mobile and web application is offered to you free of charge. However, we may offer in the future access to various features, functionality, and services which are in addition to the features and functionality available with a free account. Payment for such access (“Premium Services”) is made (1) via App Store such as, but not limited to, the Apple App Store or Google App store or (2) through Our Site in euros, US dollars and other currencies by Visa, MasterCard, American Express credit or debit cards. The Site is equipped with a secure online payment system enabling the Customer to encrypt the transmission of his bank data. As part of Our payment process, We use an external supplier, Stripe, and do not store any data relating to your details and bank cards. For more information on this subject, please refer to our Privacy Policy (for users in the Republic of Korea – MLITE REPUBLIC OF KOREA PRIVACY POLICY).

   Upon selecting Premium Services, you agree to pay the applicable fees (including, without limitation, periodic fees for Premium Services) as they become due plus all related taxes. You may cancel your Premium Services account by unsubscribing from the Service before your renewal date. Cancellation will end billing and remove your access to the Premium Services at the end of your current billing. All fees and charges are non-refundable and there are no refunds or credits for partially used periods.

   SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOUR PREMIUN SERVICES SUBSCRIPTION IS CANCELLED AT LEAST 24-HOURS BEFORE THE RENEWAL DATE.

   In case of purchasing Premium Services through Our Site, You may cancel your Premium Services account by unsubscribing from the Service before renewal date by contacting us at [email protected]

   You may choose the subscription plans for Premium Services for mobile application of the following duration – 3 or 12 Subscription months, and for the web application – 1 Subscription months.

4. 4. BILLING PROCEDURE

   All accounts with Premium Services are set up on a prepaid basis. We must receive payment before mLite will be activated.

   Your subscription is NOT based on how much you use (or do not use) the mLite.

   If you want to install the mLite on additional devices, you have to purchase additional subscriptions.

   After payment execution for a subscription, you will receive a payment notification.

   For the security of all users, you are strictly prohibited from transmitting your full payment information, including card number, CVV, and expiration date, in any format to us via live chat or email, including to the [email protected] email address. Should such information be transmitted, we disclaim all liability, and you accept full responsibility for this action.

5. 5. COMPATIBILITY OF TARGET DEVICE

   You are aware that before you buy the mLite subscription and install mLite on the target device, you have to check the requirements for the compatibility of your target device with mLite.
   In case you have not checked the compatibility of your target device with mLite before acquiring the subscription and\or before the connection, you agree that it is your responsibility and you will not be refunded.
   For more information, please refer to Compatibility policy.

6. 6. TERMINATION

   The license for use of the Services provided herein is effective until terminated. You may terminate your license at any time by removing the mLite mobile application from your devices or in your web application profile settings.
   This license will terminate upon conditions set forth elsewhere within the Terms or if you fail to comply with any of the Terms. In such event, no notice shall be required by us to effect such termination.

7. 7. MLITE UPDATES

   In an effort to improve the mLite and error fixing, we may update mLite from time to time.

   You acknowledge and agree that we may update mLite with or without notifying you.

   You acknowledge and agree that we may request you to update mLite on your device and on a target device.

   You understand and agree, that we are not liable for any damage and harm caused to a target device due to mLite update.

8. 8. PRIVACY

   You acknowledge that you have read our Privacy Policy. Our most recent updated PrivacyPolicy can be found here (for users in the Republic of Korea – MLITE REPUBLIC OF KOREA PRIVACY POLICY).

9. 9. LEGAL MATTERS

   Any fraudulent, abusive, or otherwise illegal activity, or violation of Terms is grounds for termination at our sole discretion, and you may be reported to appropriate authorities. We do not tolerate any of the following conduct:

   • Be dishonest or act in a fraudulent manner by uploading inappropriate, inaccurate, or objectionable content;
   • Publish inaccurate information in the designated fields on the profile form;
   • Create a user profile for anyone other than yourself as a natural person;
   • Create a false identity or otherwise misrepresents your or another true identity;
   • Harass, abuse or harm another person/user;
   • Upload a profile image that is not yours;
   • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Services;
   • Adapt, modify or create derivative works based on the Services or any underlying technology;
   • Remove any copyright, trademark or other proprietary rights notices contained in or on our Services;
   • Collect, use, copy, sell, distribute or transfer any information, including, but not limited to, Personally Identifiable Information obtained our Services except as expressly permitted in the Terms or as the owner of such information may expressly permit;
   • Engage in “framing”, “mirroring”,or otherwise simulating the appearance or function of the Services; and
   • Engage in any action that directly or indirectly interferes with the integrity of our Services, including but not limited to any attempts to access or hack our servers or network.

10. 10. INDEMNIFICATION

    You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with our Terms, including, without limitation, that anything you submit or contribute violate the rights of any third party or applicable laws; (2) any use or content you submit via our Services; (3) any activity in which you engage on or through the Services and (4) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim.

    You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content, data, or information you submit, contribute, post to or transmit to or through the Services and your use of or connection to same, your violation of the Terms of Use, or your violation of any rights of another person or entity.

11. 11. LIABILITY AND WARRANTIES

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE MLITE MOBILE AND WEB APPLICATION AND/OR SERVICES, EVEN IF WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.

    Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.

    WE ARE NOT RESPONSIBLE FOR USING THE MLITE MOBILE AND WEB APPLICATION BY USERS UNLAWFULLY AND WITH UNLAWFUL AIMS. THE MLITE MOBILE AND WEB APPLICATION AND/OR SERVICES ARE PROVIDED AND DEVELOPED WITH SECURITY AIMS ONLY AND CANNOT BE USED WITH VIOLATION OF RIGHTS, FREEDOMS AND INTERESTS OF THIRD PARTIES. WE DON’T KNOW AND CANNOT KNOW HOW USERS USE THE MLITE MOBILE AND WEB APPLICATION AND/OR SERVICES. IF YOU BECOME AWARE THAT THE MLITE MOBILE AND WEB APPLICATION AND/OR SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY MLITE MOBILE AND WEB APPLICATION AND/OR SERVICES USING.

    WE ARE NOT RESPONSIBLE FOR THE USE OF THIRD-PARTY PRODUCTS WHICH HAVE BEEN PURCHASED ON THE WEBSITE (EXCEPT THE ISSUE OF PAYMENTS). ALL CLAIMS AND REQUESTS ABOUT USE, INSTALLATION, ERROR CORRECTION, REMOVAL, REINSTALLATION, ACCESS AND OTHERWISE, SHOULD BE SENT TO PROVIDERS OF SUCH PRODUCTS.

    THE MLITE MOBILE AND WEB APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

    We do not guarantee that our site will be secure or free from bugs or viruses.

    You are responsible for configuring your mobile device in order to access our Services. You should ensure your mobile device is adequately protected with suitably updated virus protection software.

12. 12. MISUSE OF SERVICES

    We along with its respective partners and affiliates reserve the right to investigate suspected violations of our Terms, and may seek to gather information from the user who is suspected of violation, and from any other user. We will collect and use any such information in accordance with our Privacy Policy. (for users in the Republic of Korea – MLITE REPUBLIC OF KOREA PRIVACY POLICY).

    In its sole discretion, we may restrict, suspend or terminate the account of any user who abuses or misuses the Services. Misuse for example may include, without limitation, creating multiple or false accounts; using the Site or infringing any intellectual property rights, violating any aspect of the Terms, or any other behaviour that we, in its sole discretion, deems inappropriate.

    BY ACCEPTING OUR TERMS OF USE YOU WAIVE AND HOLD HARMLESS COMPANY, ITS RESPECTIVE PARTNERS AND AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

13. 13. SEVERABILITY

    Each of the provisions of these Terms are distinct and severable from the others. If at any time one or more of those provisions is or become invalid, unlawful or unenforceable (whether wholly or partly), the validity, lawfulness and enforceability of the remaining provisions (or the same provision to any other extent) will not be affected or impaired in any way.

    We may agree to amend these Terms of use in order to ensure the terms are valid, lawful and enforceable.

14. 14. CHANGES TO THESE TERMS

    We may revise these Terms at any time by amending this page.
    Please check this page from time to time to take notice of any changes we made, as they are binding on you.

15. 15. INTELLECTUAL PROPERTY RIGHTS

    For the purposes of these Terms, "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

    Our Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws.

    Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that has a detrimental effect on the Company. All other trademarks not owned by us that may appear on our Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

16. 16. THIRD PARTY LINKS

    Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only.

    We have no control over the contents of those third party sites or resources.

17. 17. APPLICABLE LAW

    This Terms is regulated by the laws of Australia. Any disputes should be resolved by the appropriate courts of Australia.

18. 18. ACCESSING OUR TERMS IN DIFFERENT LANGUAGES

    We provide our Services internationally, additional Terms may apply to users in different jurisdictions and where possible we do our best to offer localised Terms for your territory.

    Please check for our Terms in other languages on our site or in application if available. If not available, our Terms will default to the English language version.

19. 19. Contact us

    To contact us, please email [email protected]
    Send mails to: Suite 1, 215 Albany Street N, Gosford NSW 2250, AUSTRALIA.