Terms of Use

 

Telepado is offered to you under a license by International Technology Enterprise Inc. (“ITE"), so you can use and enjoy Telepado on your personal computer or other electronic or mobile device as long as you follow these Terms of Use.

 

These Terms of Use form an agreement between ITE, the owner and operator of www.telepado.com (the “Telepado Website”) and the Telepado software which includes, among other things, its proprietary voice & video communication system, instant messaging system, communities concept, file sharing system, and mobile application (collectively, including all content provided by ITE, referred to herein as the "ITE Services", or the "Services"), and you (“you” or “You” or “your” or “Your”), a voluntary user of the Services. By visiting the Telepado Website, downloading the Telepado mobile application, or by using any ITE Services, you are accepting the policies and practices described in these Terms of Use which apply to your use of any aspect of the ITE Services. By accessing and/or using the Services you acknowledge and agree to abide by these Terms of Use (including the ITE Privacy Policy described below) and you expressly consent to ITE’s access to, collection of, use of, and sharing the information as described herein.

 

You expressly acknowledge and agree that in order to provide the Services, ITE may periodically access your contact list and/or address book on your computer or other electronic or mobile device to find and keep track of your contact details or the contact details of other users of the Services. You hereby give your express consent to such access to, collection of, use of, and sharing of such contact details by ITE. When asked by ITE to provide your personal contact details, you must provide accurate and complete information.

 

Subject to your compliance with these Terms of Use, ITE hereby grants you permission to access and use the ITE Services, provided that: (i) you always completely and fully comply with the terms and conditions of these Terms of Use; (ii) your access and use of the Services is solely for your personal use; (iii) you do not charge for or resell access to or use of the Services to others; (iv) you do not copy, distribute, duplicate, give access to, or transfer any part of the Services in any medium without ITE's prior written authorization; and (v) you will not attempt to alter, modify, or reverse engineer any part of the Services without ITE’s prior written approval.

 

Privacy Policy

ITE’s Privacy Policy sets out how ITE accesses, receives, collects, shares, and uses data and information (including Personal Information) through the ITE Services including data or information obtained when you access the Telepado Website, the Telepado Desktop Application, the Telepado mobile application, or use any ITE Services. It is important for you to understand how this happens and how you may control it, so please read this Privacy Policy carefully so that you can make an informed decision about whether to use or continue using the Services.

 

By using ITE Services, you agree that ITE may access, receive, collect, share, and use data and information in accordance with this Privacy Policy, as revised from time to time. If you do not agree to ITE’s practices, you may not use the Services. If you wish to contact ITE regarding this Privacy Policy or any privacy-related matters, please contact us at support@telepado.com (Attention: Legal Department).

 

This Privacy Policy applies across all ITE Services, but does not apply to data or information collected: (i) through third-party services (including any third-party websites or mobile applications) that you may access through the Services; (ii) by other companies and organizations who advertise their services on or through ITE Services; (iii) by companies that ITE does not own or control; (iv) by the third parties to which ITE may permissibly disclose user data or information as set forth in this Privacy Policy; or (v) by individuals whom ITE does not employ or manage. ITE may from time to time revise or add specific instructions, policies, and terms to this Privacy Policy.

 

Where ITE considers that any changes to this Privacy Policy are reasonably material, ITE will notify you via direct communication, or by other means, prior to the change becoming effective. By continuing to use the ITE Services after any changes to this Privacy Policy, with or without notice from ITE, you are agreeing to the revised Privacy Policy.

 

In providing ITE Services, ITE may access, receive, collect, store, and use the following types of information (all of which are collectively referred to as “Information”) from or concerning you or your personal computer or other electronic or mobile device:

 

"Personal Information" is any information or combination of information that relates to you, and can be used to identify you. Personal Information may include the following:

Information you make available to ITE when you open an account or use ITE Services, such as your name, telephone number, and email address;

Information you make available to ITE as you use ITE Services;

Information that others using ITE Services make available about you, such as information contained in posts they make, information embedded in photos they tag or describe, and communications they make to you and others using ITE Services; and

Information ITE collects as you use ITE Services, such as certain Location Data (defined below) and Log Data (also defined below).

 

You provide certain Personal Information, such as your mobile phone number, billing information (if applicable), and mobile device information to ITE when choosing to participate in various uses of the ITE Services, such as registering as a user or updating your status. In order to provide the ITE Services, ITE will periodically access your address book or contact list on your personal computer or other electronic or mobile device to locate the mobile phone numbers or other contact information of other Telepado users (“ITE-network” information), or otherwise categorize other mobile phone numbers or other contact information as “non-ITE-network” numbers. Any status updates or other content that you, or other users, post becomes published content and is not considered Personal Information subject to this Privacy Policy.

 

You may, of course, decline to submit Personal Information through the ITE Services, in which case ITE may not provide access or use of certain Services to you. If you do not agree with ITE’s Privacy Policy or these Terms of Use, please delete your account, uninstall Telepado and discontinue use of the ITE Services; your continued access and usage of the ITE Services will signify your assent to and acceptance of ITE’s Privacy Policy and Terms of Use. To protect your privacy and security, ITE takes reasonable steps to verify your identity before registering your mobile phone number and granting you access to the ITE Services.

 

Cookies and Log File Information When you visit Telepado, ITE may send one or more small files known as “Cookies” (or “Beacons”, “Pixex Tags”, “clear GIFs”, or similar technologies) to your personal computer or other electronic or mobile device to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use ITE Services; (b) analyze your preferences and patterns to provide customized and personalized content and information; and (c) monitor your entries, submissions, pages viewed, etc. All of these purposes are intended to improve and personalize your experience with Telepado. ITE uses several types of Cookies, including Cookies that may remain after you close your browser or turn off your personal computer or other electronic or mobile device. There are a number of ways to remove Cookies and you can adjust your settings to refuse all Cookies or to indicate when a Cookie is being sent; however, ITE Services may not be available or function properly if the ability to accept Cookies is disabled.

 

Location Data” is any information that ITE collects regarding your location (when you use a location-enabled Service), including:

Location when you use ITE Services, such as from your mobile device;

IP address of the personal computer or other electronic or mobile device you use to access ITE Services; and

Information made available by you or others that gives an indication as to where you are or have been located.

 

"Log Data" is technical data and information that is automatically collected by ITE when you use ITE Services, whether through the use of cookies, web beacons and log files (as explained in more detail in the “Cookies and Log Files” definition) or otherwise, including:

Technical data and information such as your mobile carrier, configuration information made available by your web browser or other programs you use to access ITE Services, your IP address and your personal computer or other electronic or mobile device’s version and identification number;

Information about what you have searched for and looked at while using ITE Services, such as web search terms used, social media profiles visited, and details of other information and content accessed or requested by you in using ITE Services;

Information about communications you have made using ITE Services, such as the people you have communicated with and the time, data, and duration of your communications; and

Metadata, which means information related to items you have made available through ITE Services, such as the date, time, or location that a shared photograph or video was taken or posted.

 

The servers that ITE uses to provide the Services may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and certain other general information such as if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.

 

Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectly identify you.

 

Shared Information” is information about you or relating to you that is voluntarily shared on ITE Services, including postings that you make on ITE Services (including your public profile, the lists you create), any postings from others that you re-post and including Location Data and Log Data associated with these postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using ITE Services share about you. It is important to understand that Shared information is shared publicly with all users of that ITE Service and not just with your contacts. As a result, Shared Information can be instantly and broadly transmitted and will remain public for as long as you do not delete it (and even after you delete Shared Information, it may still be separately cached, copied, or stored by, or remain public through, other users or third parties who are not affiliated with and not controlled by ITE). You are solely responsible for the status, messages, and any content (or opinions) that you transmit or post. Please consider carefully what you post and communicate through Telepado.

 

Use of Your Information

ITE may use your Information for any of the following purposes:

To provide ITE Services to you;

For customer service, security, fraud detection, archive and backup purposes in connection with ITE Services;

To better understand how you access and use ITE Services; and

To help ITE develop new Services and improve existing Services.

 

Sharing Your Information with Third Parties

Other than as permitted under this Privacy Policy or as otherwise consented to by you, ITE will not transfer your Personal Information to any other third parties for their processing for any purposes. ITE does not sell or share your Personal Information (such as your mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. ITE may share your Personal Information with third-party service providers (such as, for example, hosting companies, payment & SMS gateways, etc.) to the extent that it is reasonably necessary to provide, improve, or maintain the ITE Services. ITE may share non-Personal Information (such as anonymous user usage data, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality in connection with the ITE Services. ITE may collect and release Personal Information and/or non-Personal Information if required to do so by law, or in the good-faith belief that such action is necessary to comply with international law (such as Copyright Law), or respond to a court order (or equivalent), or where in ITE’s reasonable belief, an individual’s safety may be at risk or threatened. ITE also reserves the right to disclose Personal Information and/or non-Personal Information that ITE believes, in good faith, is appropriate or necessary to enforce ITE’s Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Telepado Website or servers that ITE uses, and to protect the rights, property, or personal safety of ITE, Telepado’s users, or others.

 

Your use of any third-party services (whether social media services or otherwise), including any Personal Information you provide to such third parties, are subject to the relevant third-party’s own Terms of Uses and privacy policies and not the ITE Terms of Use or this Privacy Policy, so please review their terms carefully. Sharing your Information with third parties may result in unsolicited messages from third parties, and such messages are beyond ITE’s control. This Privacy Policy only applies to any Information collected by ITE, does not apply to any services offered by or information practices of any third parties, and ITE bears no liability for any third-party use of any Information provided by you to them.

 

We note specifically, that:

 

You may be able to share content on, or login to, ITE’s services using services provided by third parties. The third parties who provide such services may be able to collect your Information and Personal Information (including your Log Data), and may set Cookies on your computer to enable such feature to function properly; and

ITE may (whether in advertisements or otherwise within ITE’s services) provide you with links that allow you to access third-party services or websites.

ITE may use third parties to process the payment and/or billing information that you submit on Telepado’s Website or through the Telepado Desktop Application, Telepado mobile application to facilitate payment transactions. Where ITE does share your Personal Information with any third parties, ITE will use reasonable efforts to ensure that such third parties only use your Personal Information: (i) in compliance with this Privacy Policy; and (ii) subject to any other instructions ITE give them, including any appropriate confidentiality and security measures that ITE implements. Although ITE requires that these third parties take the appropriate organizational and technical measures to protect your personal data and to comply with relevant laws, ITE is not liable or responsible for these third-party transactions. Therefore, you should review such third-party terms and conditions before providing your payment or billing information.

 

You agree that ITE or ITE’s affiliate companies may be required to retain, preserve or disclose your Personal Information: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where ITE believe it is reasonably necessary to comply with applicable laws or regulations. You also agree that ITE or ITE’s affiliate companies may need to disclose your Personal Information in order to enforce the Terms of Use or this Privacy Policy, protect ITE’s rights, property or safety, or the rights, property or safety of ITE’s affiliate companies or other users of ITE’s services. ITE may also maintain a record for each message and call that goes through the system. This would be used, among other purposes, in order to better serve you with various ITE Services (such as to enable you access your information from different devices), understand network behavior and trends (numbers of messages and calls made by users, typical destinations, call lengths, network type, etc.), detect potential outages and technical issues (this helps ITE notice things like a drop in call volume in a certain geography, a shift in call length, a change in typical networks, etc.) and for public safety reasons. All log analysis is done in an anonymous manner.

 

Third-Party Content

Information provided by you or by another user through the ITE Services may contain links to third-party content or website that are not owned or controlled by ITE. ITE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party content or website. In addition, ITE will not and cannot censor or edit any content or any third-party website. By using the Services, you expressly acknowledge and agree that ITE shall not be responsible for any claims, damages, or other liability arising from or related to your contact with or use of any third-party content or website.

 

You may arrive at the Telepado Website or download the Telepado Desktop Application or Telepado mobile application from another website. In addition, the Telepado Website may contain links to another website. Websites linked to or from the Telepado Website are not under the control of ITE and it is possible that these websites have a different privacy policy. ITE’s Privacy Policy applies solely to Information acquired on the Telepado Website or through the ITE Services. ITE accepts no responsibility or liability for any third-party website.

 

Prohibited Conduct

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers", etc. that accesses the Services in a manner that sends more request messages to the servers that ITE uses in a given period of time than a human can reasonably produce in the same period. ITE permits publicly recognized search engines permission to create publicly available searchable indices for ITE Services (but not caches or archives of ITE Services). ITE reserves the right to revoke these exceptions either generally or in specific cases. ITE prohibits any efforts to reverse-engineer ITE Services, the Telepado Software, or any aspect of ITE’s system, protocols, or any other attempts / efforts explore the boundaries of, modify, penetrate, or test ITE Services, the ITE system, or ITE protocols. You must secure our permission before you check, measure, test, or otherwise monitor any part of ITE Services, the Telepado Software, or any aspect of ITE’s system, protocols. You are prohibited from collecting or harvesting any Personal Information or using the Services for any commercial solicitation or spam purposes.

 

Security

We take security seriously. ITE makes commercially reasonable efforts to ensure physical, procedural, and technical protection of ITE’s networks, servers, and systems and to protect Personal Information from misuse, loss and unauthorized access. ITE cannot guarantee or warrant that data or information may not be accessed, altered, destroyed, or disclosed by a breach of any of ITE’s safeguards because no method of transmission over the Internet, or method of electronic storage, is 100% secure. Any data, information, or content that you transmit through the ITE Services is done at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the ITE Services is never recommended. You must notify ITE immediately of any breach of security or unauthorized use of your computer or other electronic or mobile device. Although ITE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ITE or others due to such unauthorized use.

 

ITE’s systems and the communications networks through which you access ITE’s services may be subject to security breaches and failures which are due to circumstances beyond ITE’s reasonable control. If ITE learns of a security systems breach, then ITE may attempt to notify you electronically so that you can take appropriate protective steps. ITE may post a notice on the Telepado Website or through the ITE Services if a security breach occurs.

 

We operate, or hire companies to operate, servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction. You consent to the transfer of your Personal Information (both inside and outside of your jurisdiction) for the purposes described in this Privacy Policy. The contents of messages that have been delivered by the ITE Services may be stored / archived by ITE in the normal course of business. ITE may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers (or other contact information) involved in the messages, as well as any other information which ITE is legally compelled to collect.

 

Analytics

ITE uses advanced analytics to help ITE anonymously track and analyze your behavior and other data and information about your access and use of ITE Services. This data and information (including, for example: IP address, data storage, maintenance services, database management, web analytics and information processing), helps ITE analyze and evaluate how the different ITE Services are used as part of ITE’s ongoing efforts to improve the Telepado Website, Telepado Desktop Application and Telepado mobile application features and services. No Personal Information is included in this type of reporting. ITE’s servers (or the servers that ITE uses) may automatically collect data about your IP address (a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet), and your domain name when you visit the Telepado Website. This type of information is used to gather demographic information about Telepado’s users as a whole, but does not include Personal Information. ITE’s servers (or the servers that ITE uses) may also record the referring page that linked you to ITE, the pages you visit, the websites you visit, the ads you see and/or click on, and other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on the Telepado Website or a referral site; and other website usage activity and data logged by ITE’s servers (or the servers that ITE uses). ITE uses this information for internal system administration, to help diagnose problems with ITE’s servers (or the servers that ITE uses), and to administer ITE Services. Any or all of these activities may be performed by ITE or by a third-party on behalf of ITE.

 

Age Restrictions

Protecting the privacy of young children is important to ITE. Therefore, no part of the ITE Services are directed to or intended to be used by persons under the age of 18 and ITE does not knowingly collect or use Information from persons under the age of 18. If you are under the age of 18, then please do not use the Telepado Website, do not download the Telepado mobile application or Telepado Desktop Application, and do not use any ITE Service. By accessing and using ITE Services you affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

ITE encourages parents to be involved in the online activities of their children to ensure that their privacy is protected. Please contact ITE if you believe ITE has any Personal Information from any children under the age of 18 and ITE will promptly investigate and take the appropriate actions. ITE shall act according to the law at all times which may result in disclosing information about any user and such user’s activities through the ITE Services to the appropriate authorities if ITE determines that such disclosure is necessary.

 

Content Policy

ITE reserves the right to discontinue any aspect of the ITE Services at any time. ITE has sole and exclusive authority to determine which content posted is inappropriate and therefore may remove such content at its sole discretion. Please be advised that a reported piece of content does not guarantee automatic removal after investigation by ITE.

 

ITE allows you to voluntarily submit status text, profile photos and other content (such as your “last seen” status) (collectively, the "Status Updates"). Status Updates may be visible to other users of the Services to whom you are connected and you have not expressly blocked. You acknowledge and agree that any Status Update may be globally viewed by users that have your contact details. You shall be solely responsible for your own Status Updates and the consequences of posting or publishing them. Status Updates do not necessarily represent the views or opinions of ITE, and ITE makes no guarantees as to the validity, accuracy or legal status of any Status Update; however, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ITE to use all proprietary rights in and to any and all Status Updates in the manner contemplated by the Services and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Update to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Updates in the manner contemplated by the Services and these Terms of Use. By submitting the Status Updates to Telepado, you hereby grant ITE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Updates in connection with the ITE Services, including without limitation for promoting and redistributing part or all of the ITE Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the ITE Services a non-exclusive license to access your Status Updates through the Services.

 

ITE allows you to attach your location information to messages you send to other users or send a specific location message. If you choose to share your location with a specific user or group of users your location will be retrieved from your device and sent to ITE. ITE will only use this location for this particular purpose. For the avoidance of doubt, ITE will not share your location information and will not use it for any purpose except the one specifically requested by you.

 

In connection with Status Updates and all content that you share (none of which ITE shall be liable to you or to any third-party for), you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ITE all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ITE or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (viii) attempt to gain unauthorized access to the Services or its related systems or networks.

 

You understand that when using the ITE Services you will be exposed to Status Updates from other users, and that ITE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Updates, and that such Status Updates are not the responsibility of ITE. You further understand and acknowledge that you may be exposed to Status Updates that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ITE with respect thereto, and agree to indemnify and hold ITE, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the ITE Service.

 

ITE reserves the right to remove content and Status Updates without prior notice. ITE may also terminate a user's access to the Services, if they are determined to be a repeat infringer, or for any or no reason. ITE reserves the right to decide whether content or a Status Update is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. ITE may remove such Status Updates and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

 

Governing Law

ITE Services are intended for and directed to users around the world, which such ITE Services are not prohibited. If you are accessing the Telepado Website and ITE Services from a country or jurisdiction in which the Services are not permitted, or are in violation of any law or regulation, then you may not continue to use the ITE Services. In addition, you should be aware that through your continued use of the Telepado Website and the ITE Services, you may be transmitting your Personal Information to another country where laws regarding Personal Information may be different and/or less stringent than the laws in your country and you expressly consent to that transfer for these purposes.

 

In some jurisdictions, certain Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterized as “sensitive” and is subject to stricter regulation than other Personal Information. Please note that content and information that you input to ITE Services, such as photographs or information about your school or social activities, may reveal your sensitive Personal Information to others and ITE therefore urges you to consider whether it is appropriate to communicate Personal Information of a sensitive nature in the manner you are proposing to communicate it using ITE Services. You consent to all processing of sensitive Personal Information for the purposes and in the manner described in these Terms of Use.

 

You agree that: (i) the ITE Services shall be deemed solely based in the British Virgin Islands; (ii) the ITE Services shall be deemed a passive service that does not give rise to personal jurisdiction over ITE, either specific or general, in jurisdictions other than the British Virgin Islands (except as described herein); and (iii) that you agree that any legal dispute, including with respect to these Terms of Use, shall be governed by the internal substantive laws of the British Virgin Islands, without respect to its conflict of laws principles. Any claim or dispute between you and ITE that arises in whole or in part from the ITE Services, or these Terms of Use, shall be referred to and finally resolved by arbitration before a sole arbitrator (who shall be a member of the BVI Bar Association) pursuant to the UNCITRAL rules governing international commercial disputes, in Road Town, Tortola, British Virgin Islands. The parties, their representatives, other participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence unless to the extent that disclosure is required by law or as is reasonably necessary to defend claims of procedural rights of the party making the disclosure. The appointment of the sole arbitrator shall be made by the then President of the BVI Bar Association. The parties shall be bound by any appointment thus made. You hereby submit and attorn to the jurisdiction of the BVI Courts in connection with any and all matters related to the judicial supervision of any arbitration arising hereunder; and in respect of any proceedings brought by ITE to have any arbitral award converted into a judgment of the Eastern Caribbean Supreme Court at the BVI.

 

These Terms of Use, together with the Privacy Policy and any other legal notices published by ITE, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and ITE concerning the ITE Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ITE's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. ITE reserves the right to amend or modify these Terms of Use at any time, and it is your responsibility to review these Terms of Use for any changes. If you do not agree to the revised Terms of Use, your only recourse is to discontinue the use of the ITE Services. Your continued use of the ITE Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND TELEPADO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TELEPADO SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. ITE makes no representations that the ITE Services are appropriate or available for use outside of the British Virgin Islands. Those who access or use the ITE Services from other jurisdictions do so at their own volition and are responsible for compliance with the local law to which they are subject.

 

Copyright Policy

ITE does not permit copyright infringing activities and infringement of intellectual property rights through its Services, and ITE will remove all content, including Status Updates, if properly notified that such content or Status Update infringes on third-party's intellectual property rights. Please contact ITE immediately If you believe that something protected under Copyright Law is being infringed through the ITE Services. ITE will promptly investigate the matter and handle it accordingly. To file a copyright infringement notification, please send a written communication that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the contact details of the ITE user allegedly infringing the copyrighted work; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Trademarks

TELEPADO and the Telepado logo are trademarks of International Technology Enterprise Inc., registered in the United States, European Union, and elsewhere. ITE’s use of all registered trademarks of third parties, as well as their logos, is subject to the permissions of each one of these third parties.

 

The design of the ITE Services together with the text, scripts, graphics, interactive features and other aspects of the ITE Services are owned by or licensed to ITE, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The ITE Services are provided to you on an “as is” basis for your information and personal use only. ITE reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Services other than expressly permitted herein, including any use, copying, or distribution of any information, data, or content obtained through the Services for any commercial purposes.

 

Change of Control

If the owners of ITE change, such as through a merger, acquisition by another company, or sale of all or a portion of ITE’s assets, ITE reserves the right to transfer or assign the Information that ITE collected from users as part of such merger, acquisition, sale, or other change of control. In the event of ITE’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, ITE may not be able to control how your Personal Information is treated, transferred, or used. ITE will post a notice about change of control on the Telepado Website as soon as legally permissible.

 

Changes to Policy

From time to time, ITE may revise this Policy. ITE reserve the right to update or modify this Policy, or any other of ITE’s policies or practices, at any time with or without notice. However, ITE will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt-out of such differing uses. ITE will post the revised Policy on the Site, so that users can always be aware of what information ITE collect, how the information is used and under what circumstances such information may be disclosed. You agree to review the Policy periodically so that you are aware of any modifications. Your continued use of the Telepado Website indicates your assent to any changes and signifies your agreement to the terms of ITE’s Policy. If you do not agree with these Terms of Use, you should not use the Telepado Website, Telepado Desktop Application, the Telepado mobile application, or any other Service.

 

Disclaimer

YOU AGREE THAT YOUR USE OF THE TELEPADO SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TELEPADO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TELEPADO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES' CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TELEPADO’S SERVERS (OR THE SERVERS THAT TELEPADO USES) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES DUE TO THE ACTIONS OF ANY THIRD PARTY; AND (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE TELEPADO SERVICES. TELEPADO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TELEPADO SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS UPDATES OR OTHER ADVERTISING, AND TELEPADO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

 

IN NO EVENT SHALL TELEPADO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TELEPADO’S SERVERS (OR THE SERVERS THAT TELEPADO USES) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES DUE TO THE ACTIONS OF ANY THIRD PARTY; AND (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE TELEPADO SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TELEPADO SHALL NOT BE LIABLE FOR STATUS UPDATES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

 

You agree to defend, indemnify and hold harmless ITE, its parent corporation, affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ITE Services; (ii) your violation of any term of these Terms of use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your status caused damage to a third-party. This clause will survive deactivation and the termination of your access or use of the ITE Services.

 

Update of Information

You can update your information through the Telepado Website, Telepado Desktop Application or the Telepado mobile application.

 

Communications from ITE

ITE may use information you provided to send you offers, newsletters, push notifications, or updates. You may opt-out of receiving these communications by following the unsubscribe instructions included in each communication. ITE may also send service-related announcements when it considers it appropriate to do so (such as when a ITE Services will be unavailable due to maintenance). You may not opt-out of these non-promotional service-related announcements.

 

ITE may ask you to provide information about your experiences and satisfaction with ITE Services, which will be used to measure and improve quality of ITE Services. You are not under any obligation to provide such voluntary feedback or information.

 

ITE may also contact you regarding your use of ITE Services, such as use of the Services in violation of these Terms of Use or claims of violation of third-party rights.

 

Maintenance of Personal Information

Subject to applicable laws and regulations, ITE will only use your Personal Information for so long as is necessary to fulfil the purposes as set out under these Terms of Use and the Privacy Policy herein. However, it is important to note that communications made by you using ITE Services may put your Personal Information in the hands of third parties that ITE cannot control, such as hosting companies and data centers. If you would like to update or amend your Personal Information you may do so by logging into your account and making the appropriate changes. In some cases, ITE may not be able to update, amend or remove your Personal Information, in which case ITE will let you know why ITE are unable to do so.

 

Account Deactivation

ITE may not know when and if you delete the Telepado mobile application or the Telepado Desktop Application. Therefore, if ITE detects no activity from your computer or other electronic or mobile device for 180 days, ITE will assume that you deleted Telepado Desktop Application or the Telepado mobile application and ITE may remove your address book (but not your account) from ITE’s servers (or the servers that ITE uses). Deactivating your account will remove your Personal Information from ITE within a reasonable period of time (subject to technical limitations), and deactivate Telepado on your computer or other electronic or mobile device. If you have additional concerns and/or requests, you can contact ITE at support@telepado.com.

 

Subject to applicable laws and regulations, you may have the right to request to receive a copy of and make any corrections to your Personal Information which ITE maintains, and to request that ITE deactivate Telepado and not use any of your Personal Information that is stored by us.

 

Contact Information

Please direct all questions in connection with these Terms of Use via e-mail to privacy@telepado.com. Questions or concerns regarding Telepado, ITE, or its intellectual property rights, should be directed to legal@telepado.com.

 

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ITE without restriction.

 

Date Last Modified: January 9, 2018

 

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