controlights Privacy & Terms
TERMS AND CONDITIONS
- Welcome to "controlights" - a new way to control your child's mobile applications usage, by means of technological solutions that relies on psychological-educational knowledge (hereinafter: "the Application"). The Application, services, features, software, or website will be jointly referred to as the "Services".
- The Services are owned and operated by controlights (hereinafter: "controlights"). Please carefully read the following terms and conditions (hereinafter: "the Terms"). You agree to our Terms by installing, accessing, or using our services. If you do not agree with the Terms, you may not use the Services in any way.
- The Terms apply to the use of the Services and any content available therein by any communication means (including cellular phones, IPads, etc.). The Terms further apply to the use of the Services via the Internet network or any other communication networks.
- Use of the Services may be subject to additional terms and conditions that govern the use of mobile devices, including the terms governing the use of Apple's "App Store" and/or Google's Play store, and their respective privacy policies. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and conditions.
- The Terms may be updated from time to time and changed or modified by controlights at its sole discretion. In such cases, the amendments will become effective immediately upon their initial posting on the Services. It remains your responsibility to access and check these Terms upon its posting. You agree to be bound by any of the changes made in the Terms. Continuing to use the Services will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must refrain from any further use of the Services.
- Registration to the Application. Registering to the Services require you to create a user account of type Parent (hereinafter: "Parent User") or Child (hereinafter: "Child User"). Creating a Parent User is subject to age restrictions as detailed in section 7 below. Creating a Child User requires a Parent User to be associated with it. The Parent User, associated with the Child User on Child User account will take the role of an Approver for this Child User (hereinafter: "Approver Parent User"). The Approver Parent User will be responsible for approving (or denying) a set of functions the Child User may attempt to perform from time to time, including creating the Child User account. A Parent user that was not associated with on a specific Child User account (i.e., another parent) may take a role of a Viewer for that Child User thus being able to view its usage data but not approve (or deny) its controlights actions (hereinafter: "Viewer Parent User"). Taking a role of a Viewer Parent User for a specific Child User is subject to the approval of that Child User's Approver Parent User. Approver Parent User, Child User and Viewer Parent User will jointly be referred to as "the Users".
- Registering to the Services require using accurate data. You confirm you are legally authorized to provide controlights such data and to allow controlights to provide the Services to the Users.
- Age. You must be at least 18 years old to use the Services as a Parent User (or such greater age required in your country for you to be legally authorized to use the Services without parental approval). In addition to being of the minimum required age to use the Services under applicable law, if you are not old enough to have authority to agree to the Terms in your country, you may not use the Application and Services as a Parent User.
- Devices, Software and Applications. The Services are provided only by contacting other/third parties' applications and/or programs on the Users' devices (hereinafter: "Other applications"). By using the Services, you agree to provide access to the User's devices, software, data and the Other applications' usage information. As long as you use the Services, you consent to downloading and installing updates to the Services, including automatically.
The Application and Service
- The Services sets a way to control, limit and manage Other applications usage on a mobile device, by means of technological solutions that relies on psychological-educational knowledge. The Application enables parents to observe their children's usage of Other applications on their mobile devices and to approve (or deny) changes to the limitations that were initially set by the Users.
- The Services aims to provide a solution to moderate the cellular use of children (and parents) and a moderation mechanism aimed to normalize the technological abundance that exist today.
- The Services sets a way to monitor the usage of Other applications installed on mobile devices and controlling the time allowed to use a defined subset of applications. Controlling and limiting the usage of Other applications are decided and operated with mutual consent of both parents and children and are based on age, maturity and needs. At any time, the Users, jointly, may change their personal preferences and the way to use the Services as the child grows and matures, or when the needs and applications used are changing.
- In order to use the Services, the Application is installed on both parents' and child's mobile devices thus to enable, among other things, each party to maintain its privacy.
- The Services do not include monitoring content and/or adequacy limitations of Other applications installed on the User's devices. controlights do not guarantee and make no representations as to the User's Other applications, its content's accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality. You hereby release and agree to hold harmless controlights, its directors, officers, employees, agents, advisors, consultants, and assignees from all causes of action and claims of any nature resulting from the Users' activities and communications on and through Other applications.
- Subject to these Terms, controlights hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your account, to download and install the Application on a mobile device owned or controlled by the Users and to use the Services through the Application in accordance with these Terms.
- Free-of-charge Services. The Services are granted to the Users free-of-charge. controlights may, however, at any time, start charging a fee for the Users' download, install, or use of the Services or any of its features or components. In such a case, controlights will notify you beforehand and seek your consent to those charges. If you do not consent to such fees and charges, controlights may block the Users' access to the Services, delete the Users' accounts, and terminate these Terms.
- Fee-based Services. Use of the Services is free of charge. However, in the future controlights may require you to pay fees to use certain features on the Service. The rates and payment terms shall be posted at the relevant pages on the Services and will take effect immediately after being posted on the Services. controlights may, at any time and in its sole discretion, transform a free of charge Service to a fee-based Service, and change any rates and payment terms. Failing to settle your payments for a fee-based Service will prevent the Users from further using the Services, notwithstanding any other remedies available to controlights under the applicable law. controlights do not provide refunds for the Services, except as required by law.
Acceptable use of the Services
- Subject to the Terms, the Users may access and use the Services for their personal and non-commercial purposes.
- You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that controlights may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with the Users' access and use of the Services and the access and use of the Services by anyone on your behalf.
- You agree to not use, deliberately or not intentionally, the Application or Services to:
- Interfere or manipulate the operation or functionality of the Application;
- Collect and compile information from the Services or send data to the Services in such ways that may impair or disrupt the Services' functionality;
- Use robots, crawlers or similar applications to collect and compile information from the Services;
- Display content from the Services, including by any software, feature, gadget or communication protocol;
- Collect, harvest, obtain or process personal information regarding the Service's users, without their prior explicit consent;
- Impersonate any person or entity, or making any false statement pertaining to your identity, the Users' identity or connection with any person;
- Breach the Terms or any other applicable rules that controlights may convey with respect to the use of the Services and any part thereof;
- Violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
- Upload, post, transmit or otherwise make available through or to the Application and/or Services any content that is:
- Fraudulent, misleading, or inaccurate;
- Breaches or violates other parties' proprietary rights, including (but not limited to) copyrights, patents, trademarks, industrial designs and trade secrets or other intellectual property rights;
- Abusive, harassing, threatening, vulgar, violent, obscene, crude or otherwise offensive;
- Computer program, computer code or application infected with computer viruses, including hostile programs and/or malicious applications which may destroy or limit the use of any computer or telecommunications equipment;
- Constitutes slander, libel, defamation, invasion of privacy, badgering, offensive, threatening or of rude nature; or which is in any other way unlawful, harmful, threatening, abusive, harassing, or racially, ethnically or otherwise objectionable or that you do not have a right to make available under any law or contract or other relationship;
- Encouraging, assisting or advising in the committing of a criminal offense, under the applicable laws or is prohibited by any applicable law, including court restraining orders;
- YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU AND THE USERS UPLOAD, DISSEMINATE OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICES AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE BUY THE USERS IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
- controlights may employ technological measures to detect and prevent fraudulent or abusive use of the Services. Controlights may suspend or terminate the Users' accounts, or block the access to and use of the Services, without prior notice and at its sole discretion, if controlights believe that you and/or the Users are using the Service fraudulently or abusively.
Registration and user account
- Use of the Services and the creation of a personal account are available to registered users only. controlights may ask you to provide certain contact and personal details, such as the Users' full names, smartphone numbers and an active e-mail address and to enter a username and password. controlights may also ask you to provide other details and the relevant authorizations to allow the Users to use the Services and include in your account their user names and details. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent the Users from registering and impair controlights' ability to provide the Users with the Services and contact you. If you use a username and password to sign-in to the Services, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months.
- You may terminate your account at any time. In such case, if any Child User account is associated to your Approver Parent User account, you need to pass the approval privileges for such account to another Viewer Parent User of that Child User account or terminate it before you may terminate your account. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details while the registration process, and for any use or misuse of your account on the Services. Each of the Users can update and modify his/her details from time to time through his/her personal account settings on the Services.
- You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.
- In addition to any remedies that may be available to controlights under any applicable law, controlights may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Services and take technical and legal measures to keep you off the Services, if controlights determines, at its sole discretion that:
- Any of the Users have breached the Terms; or,
- Any of the Users have performed any act or omission that violates any applicable law, rules, or regulations; or,
- Any of the Users have performed any act or omission which is harmful or likely to be harmful to controlights, or any other third party, including other users and providers of the Services; or,
- You deliberately submitted false information or have failed to comply with controlights requests for information regarding the Users' identity;
- Upon termination of these Terms or your account, for any reason controlights reserve the right (but have no obligation) to delete all your information and Users' information and account data stored on its servers. controlights will not be liable to you or to any third party for termination of access to the Services or for the deletion of your and the Users' information or account data.
Commercial information in the Services
- controlights may incorporate in the Services advertisements and/or information of commercial nature. The source of such information may originate from controlights or from third parties. If such information originates from third parties, controlights cannot guarantee its reliability or accuracy. Keeping the information in the Services accurate is one of controlights' highest priorities. However, controlights do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you and/or the Users.
- The Services may contain links to content published on other websites or external sources, provided by third parties. By linking to a certain website or source, controlights do not endorse, or sponsor its content, or confirm its accuracy, authenticity, reliability, validity or legality. controlights assume no responsibility or liability for such third party websites or content.
- All rights, title and interest in and to the Services, including patents, copyrights, trademarks, trade names, service marks, industrial designs, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to controlights.
- Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display, exploit, sublicense, decompile, disassemble, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Services, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means without prior written authorization from controlights.
Changes in the Service
- You expressly consent to grant controlights to remotely send and automatically install, at its sole discretion, on your and the Users' mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the Application, which, among other things, may change the Application's settings, layout, design or display and effect the availability of the Services. You agree that controlights do not assume any responsibility with respect to, or in relation to such changes or from any malfunctions or failures that may result therefrom.
Availability and support
- controlights ensures that the Services operates correctly and runs smoothly. However, we don't accept any responsibility or liability to you if the Services becomes temporarily unavailable due to technical issues, or issues beyond our control. controlights does not warrant or guarantee that the Services will operate without disruption, errors or interruptions, or that it will be accessible, or available always, or immune from unauthorized access or error free. The availability and functionality of the Services depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free.
- controlights may, but are not obligated to, offer technical support relating to the use of the Services, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You and/or the Users will have no claim or demand against controlights or its staff in any matter related to this provision.
- In no event shall controlights be liable to you or any third party for any loss or any indirect, consequential, incidental, special or punitive damages arising from or relating to the services or your use of, or inability to use, the services, even if we have been advised of the possibility of such damages. access to, and use of, the services are at your own discretion and risk, and you will be solely responsible for any damage to your and/or the users' computer system or loss of data resulting therefrom.
- To the maximum extent permitted by applicable law, under no circumstances and under no legal theory (tort, agreement or otherwise) shall controlights or any of their respective officers, directors, employees or affiliates be liable for any direct, consequential, special, incidental or indirect damages of any kind arising out of the access to or use of the Services (including all content thereon). You hereby agree to absolve controlights of all liability with regard to the access, downloading and usage of the Services (including content thereon). You agree that the foregoing represents a fair allocation of risk hereunder.
- You agree to defend, indemnify, and hold controlights, its officers, directors and employees harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your and the Users' use of and access to the Services, or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
- controlights provides the services and content included therein for use on an "as is" and "as available" basis. The Services cannot be customized. controlights disclaim all warranties and representations, either express or implied, with respect to the services.
- You agree and acknowledge that the Users' use of the service is entirely, or at the maximum permitted by the applicable law, at your own risk.
- CONTROLIGHTS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON CONTENT ON THE SERVICES, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR WITH OTHER USERS ON OR THROUGH THE SERVICES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE AT CONTROLIGHTS SOLE DISCRETION AND LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, IN ACCORDANCE WITH THE RELEVANT CIRCUMSTANCES.
- You agree to indemnify, defend and hold harmless controlights, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving written notice from controlights, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Services, or your violation, or infringement of other persons' rights.
Governing Law, jurisdiction
- Regardless of your place of residence or where you and/or the Users access or use the Services from, these Terms and the use of the Services will be governed by and construed in accordance with the laws of the State of Israel.
- If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
- At any time, you may contact us with any question, claim or complaint that you may have with respect to the Service, at: controlights.com/contact info.
OUR COMMITMENT TO PRIVACY
THE PURPOSE AND USE OF COLLECTED INFORMATION
INFORMATION THAT WE PROCESS
- We process the following types of information:
- Device information - information identifying your mobile device that enables the communication and transmission of data when the Users use the Services. Information regarding the usage duration of Other applications on the Users devices.
- Personal information - information that you provide us when you register to the Services or when you communicate with others through the Services.
- We collect information, including Personal Information, when you register to use the Services, when you submit information to us when using the Services and when you communicate with us. We may also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology when the Services are being used by the Users.
- The following sections of this Policy provide additional details on each type of information that we collect and what we do with that information.
- Device information. We collect data related to the Users' use of the Services, such as information about the frequency of your use of the Services. We may collect data that your mobile device’s operating system generates or stores to help us provide the Services. We may collect and receive the operating system version and IP address you use once you register to the Services. We collect the configuration data set by the Users when using the Services. You confirm you are authorized to provide us such information.
- Personal information that you provide us. Use of the Services are available to registered users only. When you register with the Services we may ask you to provide us with certain contact information and personal details, such as a nick name, birth date, cell phone number and an active e-mail address (only for parent accounts) and to enter a username and password. We may ask you to provide basic personal details from a secure online source such as PayPal to which you have already provided this information. We may also collect additional information, as required, when we exchange communications with you. You confirm you are authorized to provide us such information.
THE WAYS WE USE YOUR PERSONAL INFORMATION
- We may use the information provided while using the Application and upon registering to the Services for the following purposes:
- To deliver and improve the Services and to handle breakdowns and malfunctions;
- To comply with any legislation. controlights will not deny access to any data where requested by an authority that is empowered by law and which enjoys jurisdiction over the matter in question.
- We use non-identifying and aggregate information to better design our Services. We may also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by communicating or making available such information to any other third party for example, for statistical surveys.
- We collect information about the use of the Services such as service-related, diagnostic, and performance information.
- In case you pay for our Services, we may collect information and confirmations as to payment methods and receipts, including from other third parties that process your payment.
- Sharing information with others. We may share personally identifiable information with others in any of the following instances, or subject to your explicit consent:
- To operate, maintain and enhance the Services;
- To execute purchase transactions, which involve or relate to third parties such as payment providers and clearance services;
- If you have breached the Terms, abused your rights to use the Services, or violated any applicable law. Your information may be shared with competent authorities and with any third party, as may be required;
- If we reasonably believe that we are required by law to share or disclose your information;
- In any case of dispute, or legal proceeding of any kind involving you with respect to the Service;
- If the operation of the Services is organized within a different framework, or through another legal structure or entity such as due to a merger or acquisition, provided that those entities agree to be bound by the provisions of this Policy, with reasonably necessary changes taken into consideration;
- Users' personally identifiable information will be shared with others only if you provide your explicit prior consent.
METHODS OF INFORMATION COLLECTION
- The Services collect and store information that is generated automatically as you use it, including your anonymous usage statistic.
- Database. Your username, contact details, full name and e-mail address, are saved on our database when you sign into our Services. This information may sometimes be used by us to communicate with the users but will not be used for non-related direct mailing lists.
- Tokens. We may use and collect tokens that are produced following the use of Google messaging tools. A Token is a portion of data that is passed from computer to computer in networks. In the process of verifying that the Application can send and receive messages, the client obtains a unique registration token and passes it to the Application server, which stores the token.
- We take every precaution to protect user information. When a user submits sensitive information through the services, it is protected both on-line and off-line with SSL technology. Access to all personally identifiable information is kept in designated server and only those employees who need this information to perform specific jobs, including customer service representatives, are granted access to it.
- NEVERTHELESS, THOUGH WE INVEST SIGNIFICANT RESOURCES TO PROTECT THE USERS' PERSONAL INFORMATION, FROM LOSS, MISUSE, UNAUTHORIZED ACCESS, MODIFICATION OR DISCLOSURE, UNFORTUNATELY, THE INTERNET CANNOT BE GUARANTEED TO BE 100% SECURE, AND WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU PROVIDE US. WE DO NOT ACCEPT LIABILITY FOR UNINTENTIONAL ACCESS, USE OR DISCLOSURE AND WE CANNOT BE HELD RESPONSIBLE FOR UNAUTHORIZED OR UNINTENDED ACCESS THAT IS BEYOND OUR CONTROL.
- THE USERS' LOG-IN DETAILS ARE YOUR RESPONSIBILITY. YOU ARE FULLY ACCOUNTABLE FOR ANY USE OR MISUSE OF YOUR ACCOUNT AND PERSONAL DETAILS AS A RESULT OF CONVEYING YOUR DETAILS TO SOMEONE ELSE.
- Children Privacy. Usage of smartphones and mobile devices by children under the age of 13 is not recommended. If you are not yet 13 years of age, then you must not provide any personal details to us. By using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or guardian who is at least 18 years of age and that also uses the Services. If we learn that a child under the age of 13 provided personally identifiable information to us without verifiable parental consent, we will use reasonable efforts to delete such information from our databases.
- We strongly encourage parents to monitor their children's time usage of online and mobile applications. We will delete a child’s personally identifiable information if a parent so requests by contacting us at controlights.com/contactinfo.