GEOfinder

GEOfinder
GEOfinder

End User License Agreement
GEOfinder

This End User License Agreement ("EULA") is a legally binding agreement entered into by and between the end User ("User") and GEOfinder ("Licensor"), governing the terms and conditions under which the User may install, access, and utilize the GEOfinder software application (the "Software").

By purchasing, downloading, installing, or otherwise using the Software, the User acknowledges and agrees to be bound by the terms set forth in this EULA. If the User does not accept the terms in full, the User shall not access or use the Software.

This EULA forms an integral part of the GEOfinder Terms of Service and is governed in conjunction with GEOfinder's Privacy Notice, which details the collection, processing, and storage of personal data.

Scope of License

Subject to compliance with this EULA, GEOfinder grants the User a limited, non-exclusive, non-transferable, and revocable license ("License") to:

  • Use the Software solely for tracking devices owned by the User or for which the User has explicit legal authorization to track.
  • Access, view, and use the Software and any related information provided to you by the Software strictly in accordance with this EULA and the GEOfinder Terms of Service.

You acknowledge and agree that it is your sole responsibility to determine whether you have the legal right to use or otherwise deploy the Software on a given device. GEOfinder shall not be held liable for any unauthorized or unlawful use of the Software.

Software ownership. All rights, title, and interest in and to the Software, including but not limited to any copies, modifications, enhancements, updates, and derivative works thereof, are and shall remain the sole and exclusive property of GEOfinder. You acknowledge that you do not acquire any ownership interest in the Software under this EULA. The Software is protected by copyright laws, international treaties, and other intellectual property laws.

You agree that you may not and will not:

  • Sell, lease, sublicense, assign, or otherwise transfer the Software to any third party.
  • Decompile, reverse engineer, disassemble, or modify the Software.
  • Write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part or any other software program based upon the Software;
  • Disclose, share, or make available the Software to any third party without GEOfinder's prior written consent.
  • Copy the Software.

Any attempt to do so is considered a violation of the EULA and the rights of the GEOfinder. If you breach this restriction, you may be subject to legal action and damages.

Software Modifications. GEOfinder reserves the right to develop and provide updates, modifications, enhancements, or other changes (hereinafter referred to as "Modifications") to the Software at any time, at its sole discretion. You acknowledge and agree that GEOfinder may automatically update or modify the Software, and you consent to such updates without further notice.

Unless expressly stated otherwise, all Modifications shall be subject to the terms and conditions of this EULA. If a separate license agreement accompanies a Modification, the terms of that agreement shall apply in place of this EULA.

Your Representations

You represent and warrant that:

  • The Software shall only be used for lawful purposes, including but not limited to parental control over minor children or tracking a device with the explicit consent of the device owner;
  • You have obtained all necessary permissions and consents required for the intended use of the Software;
  • You shall not use the Software in any manner that violates applicable local, national, or international laws.

Device owner’s consent. By accepting this End-User License Agreement ("EULA"), you hereby represent and warrant that you will use the Software exclusively on a device that you lawfully own or on a device for which you have obtained explicit and verifiable consent from the rightful owner.

Access to the target device.You acknowledge and agree that the GEOfinder Software does not require direct physical access to the target device to function. The Software operates remotely and does not necessitate the installation of any application or software on the target device.

Legal use. GEOfinder does not exercise control over, nor does it monitor, the purpose for which the Software application is utilized by its Users. Therefore, GEOfinder shall not be held liable for the specific uses to which the Software is put. It is solely the responsibility of the User to ensure that their use of the Software complies with all applicable laws, rules, and regulations.

Furthermore, GEOfinder makes no representation or warranty that the Software or any related materials are suitable or available in all jurisdictions. The Software may not be accessed from territories where applicable local laws prohibit such access. Users who choose to access the Software from such jurisdictions do so at their own risk and assume full responsibility for ensuring compliance with local laws to the extent such laws apply. Any offer, representation, or information made in connection with the Software is void where prohibited.

The User is strongly advised to seek independent legal counsel to verify the legality of using GEOfinder in their specific jurisdiction and for their intended purpose. The User assumes full liability for ensuring that they possess the necessary legal right to track the target device. GEOfinder shall bear no responsibility or liability if the User tracks a device without obtaining the necessary authorization.

Data security. The User consents to ensuring that no unauthorized person shall gain access to the data collected via GEOfinder. The User is responsible for maintaining the confidentiality and security of such data.

Prohibited Use of the Software

The User agrees not to employ the Software in any manner that may harass, abuse, stalk, threaten, defame, or otherwise infringe upon or violate the legal rights of any third party. GEOfinder shall not be held responsible for any such actions, nor for any harassing, threatening, defamatory, offensive, or unlawful communications the User may encounter while using the Software.

If GEOfinder is used to track a device without the express consent of the device owner, GEOfinder reserves the right to suspend or terminate the offending User's account. Furthermore, please note that all data stored on GEOfinder's servers is encrypted to safeguard the privacy of the account holder. As a result, GEOfinder is unable to disclose this data to any third parties or access it from the server side.

The User agrees that, at no time before or following the acceptance of this EULA, shall they improperly use, disclose, or misuse any proprietary or confidential information, including trade secrets, belonging to any third party, to the extent that such information may come into their possession. In the event that GEOfinder discloses confidential information related to its third-party licensors, the User agrees to adhere to any usage or confidentiality guidelines provided by GEOfinder. The User shall maintain such confidential and proprietary information in strict confidence and shall not disclose it to any third party or use it for any purpose other than as required by GEOfinder or the third-party licensor.

Limited Warranty

This Limited Warranty, which is non-transferable, applies solely to the Software for the duration of your Subscription plan. Should you receive Software Modifications during the term of your Subscription, the Limited Warranty will be extended to coincide with the expiration of the Subscription period.

Exclusions from Warranty. This Limited Warranty excludes any issues resulting from acts or omissions by the User, actions by third parties, or events beyond GEOfinder's reasonable control.

Technical issues. In the event that the Software encounters technical issues, you may seek assistance from GEOfinder's professional support team by contacting [email protected]. GEOfinder shall provide technical support following the terms of this Limited Warranty for the duration of your Subscription plan.

Remedy. In the event that technical issues with the Software cannot be resolved by GEOfinder, the User's sole remedy shall be a full refund, subject to the terms and conditions outlined in GEOfinder's Refund Policy.

To invoke the Limited Warranty, the User must submit an email to [email protected], detailing the nature of the issue and providing proof of License purchase.

Limitations of Liability

To the fullest extent permissible under applicable law, the Licensor shall not be held liable for any claims, damages, losses, or liabilities, whether direct or indirect, arising from or relating to:

  • The End User's use or inability to use the Software;
  • Any errors, defects, malfunctions, or failures of the Software;
  • Any unauthorized or unlawful use of the Software by the End User;
  • Any incidental, consequential, punitive, or special damages, including but not limited to loss of profits, data, contracts, or business opportunities.

Term and Termination

This Agreement shall remain in effect for the duration of the End User's subscription to the Software. The License granted hereunder shall terminate immediately and automatically, without notice, in the event of any violation of this Agreement by the End User. Upon termination, the End User shall immediately cease all use of the Software.

The Licensor reserves the right to modify the terms of this Agreement at any time, with any modifications becoming effective upon publication on the Licensor's official website. The End User's continued use of the Software following such modifications shall constitute acceptance of the revised Agreement.

This Agreement shall be governed by and construed following the laws of the USA without regard to its conflict of law principles. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the competent courts.

Questions and Contact Information

For any inquiries regarding this Agreement or the Software, please contact the Licensor at [email protected] or the following address: Gray Peach Media Inc., 2222 Aloha Dr, Unit 101, Honolulu, HI 96815 USA.