USER PRIVACY STATEMENT AND END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using HelpMyGPS(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by HelpMyGPS your use of HelpMyGPS indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, HelpMyGPS grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use HelpMyGPS in accordance with this Agreement and any other written agreement with HelpMyGPS. HelpMyGPS does not transfer the title of HelpMyGPS to you; the license granted to you is not a sale. This agreement is a binding legal agreement between HelpMyGPS and the purchasers or users of HelpMyGPS.
If you do not agree to be bound by this agreement, remove HelpMyGPS from your computer now and, if applicable, promptly return to HelpMyGPS by mail any copies of HelpMyGPS and related documentation and packaging in your possession.
2. DISTRIBUTION
HelpMyGPS and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of HelpMyGPS contact HelpMyGPS.
3. USER AGREEMENT
3.1 Use
Your license to use HelpMyGPS is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of HelpMyGPS.
3.2 Use Restrictions
You shall use HelpMyGPS in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of HelpMyGPS together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of HelpMyGPS may be used on one single computer location by one user. Use of HelpMyGPS means that you have loaded, installed, or run HelpMyGPS on a computer or similar device. If you install HelpMyGPS onto a multi-user platform, server or network, each and every individual user of HelpMyGPS must be licensed separately.
You may make one copy of HelpMyGPS for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of HelpMyGPS . The assignment, sublicense, networking, sale, or distribution of copies of HelpMyGPS are strictly forbidden without the prior written consent of HelpMyGPS. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of HelpMyGPS. If any person other than yourself uses HelpMyGPS registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile HelpMyGPS. Nor can you create any derivative works or other works that are based upon or derived from HelpMyGPS in whole or in part.
HelpMyGPS’s name, logo and graphics file that represents HelpMyGPS shall not be used in any way to promote products developed with HelpMyGPS . HelpMyGPS retains sole and exclusive ownership of all right, title and interest in and to HelpMyGPS and all Intellectual Property rights relating thereto.Copyright law and international copyright treaty provisions protect all parts of HelpMyGPS, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for HelpMyGPS.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend HelpMyGPS , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of HelpMyGPS’s Software.
In no event (including, without limitation, in the event of negligence) will HelpMyGPS , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, HelpMyGPS or the use or inability to use HelpMyGPS or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
HelpMyGPS’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by HelpMyGPS ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to HelpMyGPS.
3.5 Warranties
Except as expressly stated in writing, HelpMyGPS makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the India applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of India therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of HelpMyGPS and destroy all copies of HelpMyGPS supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY HelpMyGPS AS WELL.
5. CONSENT OF USE OF DATA
You agree that HelpMyGPS may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to HelpMyGPS.HelpMyGPS may also use this information to provide notices to you which may be of use or interest to you.
USER PRIVACY STATEMENT
Collection of Information
Information You Provide to Us
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), delivery notes, and other information you choose to provide.
Information We Collect Through Your Use of Our Services
1. Contacts Information
If you permit the Free Recharge app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
2. Location Information
If you permit the Free Recharge app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
3. Device Information
We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and verions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.