Effective date February 1st 2013
To use the Service, you must be at least eighteen (18) years of age. By accepting these Terms, you are certifying that you are at least eighteen (18) years of age and are otherwise not restricted from agreeing to these Terms and using the Service.
Anyone completing the registration must be legally competent.
To use the Service you may need to register, create an account with a username and a password and/or pay a fee. For the sake of accuracy, simple use of the Service (such as accession to the same and browsing the same) does not require any registration, creating an account with a username and password or payment of any fee. It is, however, necessary to register in order to be able to use the Service for the Personal Communication (as defined in section 4. of these Terms) whereas usage of the Service's demo version for the respective purpose requires only the registration (without payment of any fee) and usage of the Service's fully functional version for the respective purpose requires both the registration and payment of a fee.
You need to provide us with certain personal and other information and to choose password which has to be secret and must not be shared with others. The Provider may verify your email address before the account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You will not use any third party personal data in order to create an account and you are not allowed to access accounts of other users. The Provider reserves the right to block any user account if it reasonably determines that an account was created with false or any third party personal data or that it is in violation of these Terms in any other manner.
You must take due care to protect your username and password against misuse by others and promptly notify the Provider about any misuse. You are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. The Provider may terminate your registration or restrict your access to certain parts of the Service if the Provider reasonably believes that you have breached the Terms. In case of termination of any kind of nature, you will not be entitled to any refund whatsoever.
To the largest extent permissible under applicable law, the Provider is not responsible for any removal or loss of the information or content you have submitted to the Service.
You agree to use the Service solely and exclusively under the following terms and conditions:
Any use of the Service or any part thereof which is in violation of these Terms is prohibited and may result in criminal prosecution and/or civil liability.
The Provider may but has no obligation to:
The Service is to provide any potential users thereof ("Service Users") with a possibility to create their own list of natural persons (“Watchers”) that are to be contacted by the Provider as the persons designated by the Service Users as responsible for ensuring that the Service Users are safe and all right in case when the Service Users fail to reply to a message sent to them by the Provider to check whether everything is fine with the Service Users (“Initial Message”).
It is solely a decision of the Service Users which persons shall be identified as the Watchers - there are no special conditions or limitations in that respect set out by the Provider except that the Watchers have to be at least eighteen (18) years of age. The Service Users are to identify the Watchers by sending their full names, gender, phone numbers and e-mail addresses to the Provider.
The additional service available to the Service Users is to download from the Service and install on their mobile phones software which enables the Provider and Watchers to locate the particular Service User’s mobile phone when he/she is not responding to the Initial Messages (“Tracking Software”). It is solely up to the Service Users whether they will decide to install the Tracking Software on their mobile phones – they will be able to become the Service Users even if they choose not to install the Tracking Software, but by deciding to have the respective software installed, they decide to enable functioning of the mechanism which provides their Watchers with powerful tool for locating them in case they are not responding to the Initial Messages.
The Initial Messages are to be sent to the Service Users via e-mail and/or as SMS message by using the e- mail address and/or mobile phone number which the Service Users gave to the Provider as their personal e- mail/mobile phone number (“User Contact Information”). The Provider shall send the Initial Messages to the Service Users on a daily basis.
If the Service Users do not respond to the Initial Message by confirming that everything is fine, within number of hours priory defined by the Service Users themselves, after the Provider sent them the Initial Message, the Provider will alarm the Watchers by sending them a message via e-mail designated by the Service Users (“Watcher Contact Information”) and informing them that the Initial Message was sent to the Service Users, but that they did not respond to the same within the designated time frame (“Warning Message”).
It is the sole responsibility and liability of the Watchers to decide whether they will read the Warning Message and act in any way in response to the information included in the Warning Message, and if they decide to react, it is exclusively up to them how will they react; in this respect, the Watchers are entitled, at their own choice, to contact the Provider and ask it to provide them with information (i.e. a list) on the locations of the particular Service User’s mobile phone as of the moment when the Service User has responded to the Initial Message last sent to him/her before the Initial Message to which he/she failed to respond (“Location Information”). The Location Information shall be available to the Provider and the Provider shall disclose it to the Watchers only if the particular Service User has priory decided to install the Tracking Software on his/her mobile phone. The Watchers are entitled and obliged to use the Location Information solely for the purpose of locating the particular Service User and further acting as his/her Watchers exclusively for benefit of the respective Service User.
The precondition to commence sending the Warning Messages to the Watchers, if applicable (i.e. if the Service Users would not respond to the Initial Messages), is to inform them, before sending them any Warning Message, that they are designated as the Watchers by the Service Users. Namely, the Provider is to inform the Watchers (“Introductory Message”), by using the Watcher Contact Information, that the particular Service User (his/her full name will be stated) has chosen him/her as the Watcher. In order to actually become the Watcher, a person designated as such by the particular Service User, should expressly accept to become the Watcher by choosing the option “Accept” which will be an integral part of the Introductory Message. The integral part of the Introductory Message will also be the link through which he/she will be able to read more information on the Watchers by reviewing the document “Rules on Watchers” also available to the Service Users at www.dailystopby.com.
If the Watcher explicitly refuses to become the Watcher for the particular Service User, which he/she can do by choosing the option “Reject” which will be an integral part of the Introductory Message, the Provider shall inform the Service User, by using the User Contact Information, on such refusal, as well as that the Service User can designate other person as his/her Watcher to replace the Watcher who refused to become one (“Refusal Information”); for avoidance of any doubt, the Service User is not obliged to designate the respective replacement – the only situation when the Service User would have to identify the replacement, is the situation when, due to the aforementioned refusal, the particular Service User’s list of the Watchers became an empty list.
The Service Users are entitled to stop using the Service at any moment by sending a message to the Provider. Immediately after receiving the respective message from the particular Service User (and, at the latest, within 24 hours after receiving the same), the Provider shall stop sending the Initial Messages to him/her and the Warning Messages to his/her Watchers, and inform by e-mail both the particular Service User and his/her Watchers that the Service shall not be provided to the respective persons anymore. In such case, the Service Users shall not be entitled to refund of any fees priory paid to the Provider (irrespective of the fact how many Initial Messages and/or Warning Messages were sent for the particular Service User by the Provider).
Taking into account all the aforementioned information, the Provider’s obligations are as follows:
Accordingly, the Provider expressly disclaims, to the largest extent permissible by applicable law, any liability for:
The Provider may post notices within the Service. The Provider may also send you notices about products and services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from the Provider sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges.
Any fees charged by the Provider will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include any service provision charges by your network service provider. The Provider assumes no responsibility for the payment of any charges of your service providers.
In order to be able to use the Service, you have to place an Order within the Service."Order" shall mean the selection of payable content and/or subscription to the content offered by the Provider and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must be at least eighteen (18) years of age and be legally competent according to the applicable legislation.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by the Provider. Unless otherwise is governed by these Terms, you will not be able to cancel your Order once it has been processed or entitled to any refund on the basis of the respective cancellation.
Please note that the Provider may not be able to process any customer support request if you are unable to provide your transaction ID, which is provided to you by the Provider following your Order from the Service.
You may pay by credit or debit card, or other payment methods if available.
The Provider will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
You agree to use the Service solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.
The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.
The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. The Provider assumes no responsibility for the payment of bank or any other third party service fees or charges.
By submitting any ideas, feedback and/or proposals ("Feedback") to the Provider through the Service or other means, you acknowledge and agree that: (1) the Provider may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) the Provider is not under any obligation of confidentiality with respect to the Feedback; (4) the Provider may freely use, distribute, exploit and further develop and modify the Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from the Provider.
You may use features in the Service to share your location, status, content, materials or personal information or to interact with other users, sites and services. By using these features you agree that the Provider may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/ or personal information. In using these features you agree not to share information, content or material or to link to any service or site that: (a) contains content or other material that is illegal, indecent or inappropriate; or (b) exploits intellectual property rights without authorization or encourages other users to piracy or any other form of intellectual property rights' infringement. Any of the respective interactions does not involve the Provider and is solely between you and the other user(s).
The availability of the Service may vary and is subject to the Provider’s sole discretion. The Provider expressly disclaims any representation or warranty that any particular Service will be available. The Service may not be available in all countries and may be provided only in selected languages.
To access the Service, you may need to download a specific piece of software developed by the Provider or by another party.
The Provider may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest Provider device software and applications, your device may automatically check for the availability of software updates from the Provider. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If the Provider considers a software update to be important or critical you may not continue using the previous version of the software. The Provider may prevent your use of the previous version of the software or Service until you install the update.
The Provider may disable any content or software contained in your Service account for any reason and may remove any of such content or software in order to protect the Service and/or any of its legitimate interests and/or any affected or potentially affected parties.
A particular part of the Service may be a pre-release version, for example a beta release, and may not work in the way a final version works. The Provider may significantly change any software or any other content of the Service or any other part of the same or decide not to release a final version.
Our site and applications may contain links to other sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services, including their privacy policies, before using these sites or services.
The Provider has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third- party site does not imply that the Provider endorses the site or the products or services referenced in the site.
In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. The Provider is not responsible for this type of content or links and makes no representation or warranty that any of such content or links will remain available for any period of time.
The Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
The Provider is committed to protecting your privacy and to complying with applicable data protection and privacy laws. Our Privacy Policy (“Policy”) explains how we process personal data. Throughout this Policy the term “personal data” means information relating to an identified or identifiable individual (i.e. a natural person). This Policy applies for processing of your personal data and other personal data provided by you (“Personal Data”) where the Provider is the data controller or where we refer to the applicability of this Policy.
The Provider may provide additional privacy information in connection with our products and services through service descriptions and other notices. Such information prevails over this Policy to the extent of any conflict.
By using this website and/or by submitting personal data to the Provider, you agree to the processing of your personal data as explained in this Policy. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data.
We collect the Personal Data which you provide to us when you register with us, place an Order, request information from us, participate in activities on our site or interact with us in any other available manner. Below are the categories of data we collect.
The information you provide to us when you register with us and/or place an Order – name (first name and surname), country of residence, gender, date of birth, e-mail address, street address, username and password. The location data and viewing and technical data you provide to us when you access to our site and/ or use our site - satellite, Wi-Fi or other network based location data, for example your IP-address, access times, the website you linked from, pages you visit, the links you use, the content you viewed and other such information your browser provides us with.Depending on your positioning settings and your use of location services of other service providers your device may connect to other service providers’ servers, which are not controlled or operated by the Provider. We recommend you to check the privacy policies of such service providers to understand how they process your location data. You can modify the positioning settings of your device from the device settings, for example change or disable positioning methods or location servers or modify the accuracy of your location data.
The Provider may process your personal data for the following purposes. Please note that one or more purposes may apply simultaneously.
We may share your personal data if we have your consent to do so. It should be noted that once we share your personal data with a third party, such data received by the respective third party becomes subject to its privacy policy. Some services may allow you to share your personal data with other users of the service or with other services and their users. Please consider carefully before disclosing any personal data or other information that might be accessible to other users.
Our products and services may be provided using resources and servers located in various countries around the world. Therefore the Personal Data may be transferred across international borders outside the country where you use our services, including to countries that do not have laws providing specific protection for personal data or that have different legal rules on data protection. In such cases we take steps to ensure that there is a legal basis for such a transfer and that adequate protection for the Personal Data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.
We may be obligated by applicable law to disclose the Personal Data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process the Personal Data in accordance with applicable law to defend our legitimate interests, for example, in civil or criminal legal proceedings, whenever we believe in good faith that a disclosure is required by law.
If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.
We take reasonable steps to keep the personal data we possess accurate and to delete incorrect or unnecessary personal data. Since confidentiality and security of the Personal Data is very important to us, we have implemented relevant security measures in order to protect the Personal Data from unauthorised access, disclosure, use or modification. Nevertheless, please take into consideration that, despite our best efforts, no security measures are perfect or impenetrable.
As certain Provider’s products and services may allow you to manage your profile, we encourage you to access the Personal Data from time to time to ensure that it is correct. Please remember that in case of any changes it is your responsibility to update the personal data you have provided us with.
We limit access to our data bases containing personal data to authorized persons having a justified need to access such information. These persons are obliged to preserve confidentially of the respective data.
We collect information about your activity on our site and applications ("Tracking data") through tracking technologies, such as cookies or Flash cookies. The tracking data can be used for various purposes (such as, for example, to provide you with relevant content based on your preferences or monitor and evaluate the use and operation of our site and applications) and we may associate it with your registration account in which case it will be treated as personal data. Cookies are small text files that are sent to your computer by a web server when you visit a website. We use cookies to provide benefits to you such as to simplify your experience when you return to our site and applications. Session cookies remember the previous activity performed by you. Persistent cookies are used to save your preferences over multiple sessions. Cookies may be used to display targeted ads and recommendations. Cookies are also used to determine the effectiveness of our promotions and advertising campaigns and to improve our products and services.
We may also utilize so called locally stored objects, such as Flash local shared objects ("Flash cookies") or HTML5 Web Storage. Locally stored objects are used for similar purposes as cookies but typically may contain a greater amount and different types of data than browser cookies.
We may also use third party advertizing technologies, such as DoubleClick, to serve ads. DoubleClick uses a cookie to collect information about your visits to the Provider's website and third party websites. This information will be used to serve ads on the Provider’s and third party websites. The collected information will not be directly personally identifiable nor will DoubleClick share the information with third parties.
Most browsers allow you to disable or allow the use of cookies, and you may also turn off the cookies on your computer if your browser so permits. You can do this through your browser settings. If you disable cookies, you may not be able to use certain parts of our services, i.e. to access certain features of the same.
You have a right to know what personal data we hold about you. You have a right to have incomplete, incorrect, unnecessary or outdated personal data deleted or updated. You have a right to unsubscribe from marketing messages and to request that we stop processing your personal data for direct marketing or market research purposes. However, if you opt-out from marketing and other communications from the Provider, we may still send you critical alerts pertaining to our products and services or contact you for these purposes unless prohibited under applicable law.
You may exercise your rights by contacting us through office@atamagai.com. To unsubscribe from marketing messages, you may contact us through office@atamagai.com
In some cases, especially if you wish us to delete or otherwise stop processing the Personal Data, this may mean that we may not be able to continue to provide the services to you or to take account of your interests and preferences.
Please note that the Provider may need to identify you and to ask for additional information in order to be able to fulfill your request.
Please also note that applicable law may contain restrictions and other provisions that relate to your rights.
The Provider may from time to time change this Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Policy is changed in a material, adverse way, the Provider will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days, and, if required by applicable law, we will obtain your consent. We recommend that you review t this Policy from time to time to learn of any such changes to this Policy. You are responsible for regularly reviewing the Policy. Your continued use of the Service constitutes your consent to any changes and modification of the same.
If you have a comment or question about this Policy, please contact us through office@atamagai.com
The Service is provided on “AS IS” and “AS AVAILABLE” basis. The Provider does not warrant that the Service will meet your requirements or that its operation will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non- infringement of third party rights, merchantability, fitness for a particular purpose, satisfactory quality, accuracy, validity, availability, timeliness, legality, completeness or quiet enjoyment, is made in relation to operation or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance and accuracy is with you.
To the largest extent permissible under applicable law, the Provider will in no case be liable, whether in contract or tort, for any direct, indirect, incidental, special, punitive, consequential or any other damages resulting from or in connection with your use or inability to use the Service, even if advised of the possibility of such damages.
You agree to defend and indemnify the Provider from and against all third party claims and all liabilities, assessments, losses, costs (including attorney's fees) or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
The Service as a whole, its name and its integral parts are, to the largest extent applicable, intellectual property works owned by or duly licensed to the Provider and, as such, protected under international intellectual property conventions and agreements and intellectual property legislation of applicable law.
Subject to the Terms and to the largest extent applicable, the Provider retains all right, title and interest in the Service, the site, the software and in all other content or other properties provided to you or used by you through the Service. You are not entitled to any other use of the Service (or any part thereof) apart from the use which is allowed to you under these Terms. Any unauthorized use of the Service (or any part thereof) shall constitute an infringement of the respective intellectual property right of the Provider (owned by the Provider or duly licensed to the same) and may result in criminal prosecution and/or civil liability.
You may notify the Provider of copyright or any other intellectual property right's infringement on the Service by providing a written notice with “Intellectual Property Right Notification” in the subject line to office@atamagai.com
Your notice must:
The Provider may assign its rights and obligations under these Terms to any entity or person at its sole discretion. Additionally, the Provider may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
The Terms are governed by the laws of Delaware without regard to its conflicts of law provisions.
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived.
If a provision of the Terms is found to be invalid or unenforceable, the remaining provisions will not be affected and the invalid or unenforceable provision will be replaced with a valid and enforceable provision that comes closest to the result and purpose of the Terms.
In the event one or more provisions of these Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole.
The provisions of the Terms that are intended to survive termination of your registration remain valid after termination, if applicable.
The Provider may from time to time change these Terms, modify or withdraw access to this site at any time with or without notice. However, if these Terms are changed in a material, adverse way, the Provider will post a notice advising of such change at the beginning of these Terms and on this site's home page for 30 days, and, if required by applicable law, we will obtain your consent. We recommend that you review these Terms from time to time to learn of any such changes to the same.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification of the same.
If you have a comment or question about these Terms, please contact us through office@atamagai.com
The Terms are made and provided in the English and Spanish languages. Both versions have the same legal force and effect, however, in case of any discrepancy between the English and Spanish version, the English version shall prevail.