TERMS AND CONDITIONS


  • SUMMARY
    1. 1.1 This is a quick summary of the most important points. Please read this document in its entirety before using Knightfox.
    2. 1.2 You may not use Knightfox for any commercial or non-private use, it being understood that Knightfox is for personal, non-commercial use only.
    3. 1.3 You may not share your account password with any other person for any reason.
    4. 1.4 You may not use Knightfox or any location information displayed within Knightfox to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store location or personal information about others.
    5. 1.5 You may use Knightfox for one subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single login ID) on mobile devices owned or leased solely by you, for your personal use.
    6. 1.6 Some of Knightfox features require the use of SMS text messages. Standard data and messaging charges, fees, and taxes from your wireless operator apply.
    7. 1.7 Personal information stored on our servers consists of: email address associated with your account, device ID (could be the IMEI/MEID number, ANDROID_ID, serial number or a combination of these), last location, last audio recording, last KML file representing location history, last reply sent by each device. If you wish to have a message history please make a local copy from Knightfox dashboard.
    8. 1.8 Copperseeds Technologies Pvt Ltd ("We", "Our") mobile device software applications (the "Knightfox"), websites, services, and content (e.g., widgets, feeds, and applications) owned or operated by Copperseeds Technologies Pvt Ltd (the "Knightfox" ) are governed by the following terms and conditions.
  • GENERAL INFORMATION
    1. 2.1 Before using Knightfox, please read carefully the following terms and conditions of service. By accessing, browsing and/or using Knightfox, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the Knightfox registration process (and hereby incorporated herein by this reference), all of the following terms and conditions, including any future modifications to this terms of service, and all guidelines (collectively, the "agreement"). If you do not agree to this agreement, then please cease using the Knightfox immediately.
    2. 2.2 The Knightfox is available for individuals aged 14 years or older. If you are 14 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement and you agree to have your parent or guardian review and accept this agreement on your behalf through the Knightfox registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 14, then you agree to and accept full responsibility for that child's use of the Knightfox, including all financial charges and legal liability that he or she may incur.
  • IMPORTANT DISCLAIMERS
    1. 3.1 The Knightfox are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or the Knightfox could lead directly to death, personal injury, or severe physical or property damage.
    2. 3.2 You acknowledge and agree that Copperseeds Technologies Pvt Ltd has offered the Knightfox, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Copperseeds Technologies Pvt Ltd, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Copperseeds Technologies Pvt Ltd. Copperseeds Technologies Pvt Ltd would not be able to provide the Knghtfox to you on an economically reasonable basis without these limitations and disclaimers.
  • PRIVACY POLICY; GUIDELINES TO FEATURES AND SERVICES
    1. 4.1 Copperseeds Technologies PvtLtd's Privacy Policy is hereby incorporated into this Agreement by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information. When using Knightfox, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). All Guidelines are hereby incorporated by reference into this Agreement.
  • MODIFICATION OF THIS AGREEMENT
    1. 5.1 We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the Knightfox after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on Knightfox.
  • OWNERSHIP; PROPRIETARY RIGHTS
    1. 6.1 The Knightfox is owned and operated by Copperseeds Technologies Pvt Ltd. The Knightfox, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Knightfox (collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Knightfox are the property of Copperseeds Technologies Pvt Ltd or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Knightfox are proprietary to Copperseeds Technologies Pvt Ltd or its affiliates and/or third-party licensors. Except as expressly authorized by Copperseeds Technologies Pvt Ltd, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
  • ACCOUNT INFORMATION
    1. 7.1 The Knightfox is not available to persons under the age of 14 or to any Users suspended or removed from the Knightfox by Copperseeds Technologies Pvt Ltd. You agree that the information you provide to Copperseeds Technologies Pvt Ltd upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
  • PASSWORD
    1. 8.1 When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times.
    2. 8.2 YOU MUST NOTIFY COPPERSEEDS TECHNOLOGIES PVT LTD IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.
    3. 8.3 We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure.
    4. 8.4 YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
  • USAGE RULES; PROHIBITED CONDUCT AND USES
    1. 9.1 YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
    2. 9.1.1. use the Knightfox or any location information displayed within the Knightfox to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others
    3. 9.1.2. use the Knightfox if you are under the age of 14 years old
    4. 9.1.3. use the Knightfox for any commercial or non-private use, it being understood that the Knightfox are for personal, non-commercial use only
    5. 9.1.4. use the Knightfox for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control
    6. 9.1.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Knightfox accounts of other Users
    7. 9.1.6. shareCopperseeds Technologies Pvt Ltd-issued passwords or access to your mobile device while Copperseeds Technologies Pvt Ltd is running and accessible with any third party or encourage any other user to do so
    8. 9.1.7. misrepresent the source, identity or content of information transmitted via the Knightfox
    9. 9.1.8. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Knightfox, features that prevent or restrict use or copying of any content accessible through the Knightfox, or features that enforce limitations on use of the Knightfox
    10. 9.1.9. intentionally interfere with or damage operation of the Knightfox or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code
    11. 9.1.10. attempt to gain unauthorized access to the Knightfox, or any part of it, other accounts, computer systems or networks connected to the Knightfox, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Knightfox or any activities conducted on the Knightfox
    12. 9.1.11. sell or transfer or allow another person to access your account password, profile, or Knightfox account.
  • USAGE; REFUSAL OR SUSPENSION OF SERVICE
    1. 10.1 Copperseeds Technologies Pvt Ltd reserves the right, but has no obligation, to have our systems monitor any user's registration as well as any user's use of or access to the location information. Accordingly, Copperseeds Technologies Pvt Ltd also reserves the right to disable any user's use of or access to the Knightfox and the location information, for any reason and without any notice.
    2. 10.2 You acknowledge that you are solely responsible for all content and material that you provide to the Knightfox.
  • THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
    1. 11.1 The Knightfox may include links to other web sites or services solely as a convenience to Users. Copperseeds Technologies Pvt Ltd does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Copperseeds Technologies Pvt Ltd makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
    2. 11.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Knightfox are solely between you and such advertiser. You agree that Copperseeds Technologies Pvt Ltd shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Knightfox.
    3. 11.3 Parties other than Copperseeds Technologies Pvt Ltd may provide services or sell products via the Knightfox. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Copperseeds Technologies Pvt Ltd does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
  • END USER LICENSES
    1. 12.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES.
    2. 12.1.1 To use the Knightfox you must have a mobile device that is compatible with the Knightfox. Copperseeds Technologies Pvt Ltd does not warrant that the Knightfox will be compatible with your mobile device.
    3. 12.1.2. License Grant. Copperseeds Technologies Pvt Ltd hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Knightfox as follows: You may use the Knightfox for one Knightfox subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single login ID) on mobile devices owned or leased solely by you, for your personal use
    4. 12.1.3. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Knightfox, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Knightfox to any third party or use the Knightfox to provide time sharing or similar services for any third party; (iii) make any copies of the Knightfox; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Knightfox, features that prevent or restrict use or copying of any content accessible through the Knightfox, or features that enforce limitations on use of the Knightfox; or (v) delete the copyright and other proprietary rights notices on the Knightfox.
    5. 12.1.4. Software Upgrades. You acknowledge that Copperseeds Technologies Pvt Ltd may from time to time issue upgraded versions of the Knightfox, and may automatically electronically upgrade the version of the Knightfox that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
    6. 12.1.5. Open Source. With respect to any open source or third-party code that may be incorporated in the Knightfox, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
    7. 12.1.6. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Knightfox or any copy thereof and Copperseeds Technologies Pvt Ltd or its third party partners or suppliers retain all right, title, and interest in the Knightfox (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Copperseeds Technologies Pvt Ltd reserves all rights not expressly granted under this Agreement.
  • VIOLATIONS; TERMINATION
    1. 13.1 You agree that Copperseeds Technologies Pvt Ltd, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the Knightfox or use of the Knightfox and remove and discard all or any part of your account, at any time. You agree that any termination of your access to the Knightfox or any account you may have or portion thereof may be effected without prior notice, and you agree that Copperseeds Technologies Pvt Ltd will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Copperseeds Technologies Pvt Ltd may have at law or in equity.
  • DISCLAIMERS; NO WARRANTIES
    1. 14.1 The Knightfox and any third-party software, services, or applications made available in conjunction with or through the Knightfox are provided "as is" and without warranties of any kind either express or implied. Copperseeds Technologies Pvt Ltd, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
    2. 14.2 Copperseeds Technologies Pvt Ltd and its suppliers and partners do not warrant that the functions contained in the Knightfox will be uninterrupted or error-free, that defects will be corrected, or that the Knightfox or the server that makes them available are free of viruses or other harmful components.
    3. 14.3 Copperseeds Technologies Pvt Ltd, and its suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of any location information or the Knightfox in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not Copperseeds Technologies Pvt Ltd or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the Knightfox. You understand and agree that you download or otherwise obtain material or data through the use of the Knightfox at your own discretion and risk.
  • INDEMNIFICATION; HOLD HARMLESS
    1. 15.1 You agree to indemnify, defend, and hold Copperseeds Technologies Pvt Ltd, its affiliated companies, and its suppliers and partners, harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the Knightfox generally, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. Copperseeds Technologies Pvt Ltd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
  • LIMITATION OF LIABILITY AND DAMAGES
    1. 16.1 You acknowledge and agree that under no circumstances, including, without limitation, negligence, will Copperseeds Technologies Pvt Ltd or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use the Knightfox; (c) the Knightfox generally or the Knightfox or systems that make the Knightfox available; or (d) any other interactions with Copperseeds Technologies Pvt Ltd or any other user of the Knightfox, even if Copperseeds Technologies Pvt Ltd or a Copperseeds Technologies Pvt Ltd authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
    2. 16.2 In no event shall Copperseeds Technologies PvtLtd's (or its affiliates, contractors, employees, agents, suppliers, or third-party partners) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the Knightfox, exceed the amounts paid by you for accessing the Knightfox or one thousand dollars, whichever is greater.
    3. 16.3 The limitations of liability set forth in this section shall also apply with respect to damages incurred by reason of any services sold or provided by third parties other than Copperseeds Technologies Pvt Ltd and received through or advertised on the Knightfox or received through any links provided on the Knightfox.
  • ARBITRATION AND JURISDICTION
    1. 17.1 In the event of any dispute, the venue or arbitration shall be THRISSUR and the language shall be English.
    2. 17.2 The court at THRISSUR alone will have Jurisdiction.
  • BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.
  • EFFECTIVE DATE, DATE LAST MODIFIED
    1. 19.1 Copperseeds Technologies Pvt Ltd Terms and Conditions effective as of August 23, 2014.

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