Terms of website
This Terms and Conditions Agreement (the “Agreement”) sets forth the legally binding terms and conditions for your use of gardenymph Site, software applications, any other products and services (collectively, the “Services”). The terms, “we” and “our” as used in this Agreement refer to gardenymph. By using the Services, you (the “User”) agree to and accept the terms of this Agreement, if you do not agree to or accept the terms of this Agreement, you should immediately cease using the Services.
Gardenymph(“we,” “us,” “our,” “gardenymph” etc.) owns and operates the gardenymph.com web site and related mobile applications (collectively, our “Site”), on which we provide a Services that enable parents or guardians (“you,” “your,” “parent,” “guardian” etc.) to track the movements and activities of their child or children (collectively Users shall include “parent,” guardian,” “child,” “children”). The Service is further described herein as well as on other pages of the Site. Your use of the Service is subject to the terms and conditions set forth in this Agreement – Terms of Service (this “Agreement” or these “Terms”). These Terms govern your use of the Service whether or not you are a registered user.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON THE SITE. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
These Terms shall be interpreted in accordance with the laws of the United States without reference to conflict of law principles. With respect to specific transactions between or among certain users, the laws of other jurisdictions may apply. These Terms contain the entire understanding between you and us regarding the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings.
No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. This Agreement may be assigned by us to any third party, but you may not assign this Agreement or any of your rights or obligations hereunder without our express, written consent. If any provision hereof is found to be invalid or unenforceable, such provision shall be recast to the extent required making it valid and enforceable and the other provisions hereof shall be unaffected thereby.
We hereby grant you a personal, non-exclusive, revocable license to download and install our Service on your device, subject to the Terms of this Agreement. You may not:
- (i) transfer or sublicense the Service to anyone else;
- (ii) copy, modify, or distribute our Service;
- (iii) reverse engineer, decompile, or create derivative works of the Service;
- (iv) use more than one account per individual;
- (v) use the Service in any unlawful manner or in a manner inconsistent with these Terms.
For more information regarding the proper use of our Service, see the section below entitled “General User Conduct.”
gardenymph– Dashboard does not collect any information or log data from the mobile device or computer from which it is being used except for the user’s personal information including the name and email address, which the user has consented being logged. gardenymph– Dashboard does not collect information like call history, contacts, browser history, installed apps and location details of the Parents using this version of the app. If you think we have unwittingly collected information like call history, contacts, browser history, installed apps and location details from gardenymph– Dashboard users, please notify immediately on [email protected]
When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the Settings in the Site. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from us. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
We do not communicate with or sell products or services to children. Children under the age of 13 may not submit personal information to gardenymph without the consent of their parents. As mentioned, we do not share your or your child’s personal information with any third party.
You hereby warrant that:
- i. All information that you provide us is true and accurate, including, without limitation, the ages of your children that will be using mobile devices with the Service;
- ii. You will only use the Site and Service as an aid to your efforts to protect and enhance the welfare of children for whom you are the legal guardian or a user authorized by the legal guardian;
- iii. You consent to the Service collecting the call history, contacts, browser history, installed apps and location details of each of your children that is 13 years of age or younger that you have registered with us for your exclusive password restricted access through the Site or Service;
- iv. You warrant that you have notified any User over 14 years old of such devices that it includes control and monitoring software and you have their consent to such activity;
- v. You will not use the Site or Service to monitor the activities of any child of yours that is 18 years of age or older or any other person for whom you are not the legal guardian;
- vi. You will not use the Site or Service in violation of any Federal, State or local law, rule, ordinance or governmental regulation;
- vii. You will only use the Site and Service to monitor the mobile device and location of children for whom you are the legal guardian;
- viii. You will properly follow all instructions and documentation provided by gardenymph to you;
- ix. You will not allow any other person to access the information that the Site and Service collect from the mobile devices on which the Software is installed;
- x. You will only install the application in mobile devices for which you are the authorized owner.