Terms and Conditions

This terms of service is a legal contract between you and DigiPlay (www.DigiPlay.in), governing your use of mobile, web services or web software ("DigiPlay") owned, controlled or offered by DigiPlay.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE DigiPlay SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING THE DigiPlay SERVICES IMMEDIATELY.

LICENSE GRANT:

All DigiPlay services are licensed to you and not sold. DigiPlay grants you a personal, non-exclusive, non-transferable service and non-sub licensable license to use the DigiPlay service only for your personal or internal business use. You will retain all ownership rights in User Data that you transfer to DigiPlay for data protection.

LEGAL AGREEMENT:

You agree to obey all the applicable laws of your country regards to the use of DigiPlay software. You must own the smartphone or tablet or have written permission from the owner of the smartphone before downloading, installing, activating DigiPlay software on that phone.

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

1. Use the DigiPlay Services for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control.
2. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the DigiPlay Services, features that prevent or restrict use or copying of any content accessible through the DigiPlay Services, or features that enforce limitations on use of the DigiPlay Services.
3. Intentionally interfere with or damage operation of the DigiPlay Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
4. Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
5. Use any robot, spider, scraper or other automated means to access the DigiPlay Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the DigiPlay Services or modify the DigiPlay Services in any manner or form, nor to use modified versions of the DigiPlay Services, including (without limitation) for the purpose of obtaining unauthorized access to the DigiPlay Services.
6. Sell, transfer or allow another person to access your account password or DigiPlay Services account
7. Download, Install or Activate DigiPlay on a smartphone that is not owned by you or you do not have written approval from the owner to do so.
8. Breach the federal, state, regional or any government laws of your country by downloading, installing or activating DigiPlay Software on someone's smartphone.
9. Collect data using DigiPlay software from a smartphone, which is not owned by you without the knowledge and consent of the owner of the smartphone.

VIOLATIONS; TERMINATION:

You agree that DigiPlay may terminate or suspend your access to the DigiPlay Services without prior notice and without liability if such termination or suspension is based on (a) DigiPlay’s good faith belief you have violated any of the terms and conditions of this Agreement, (b) DigiPlay’s determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the DigiPlay Services or (d) non-payment of any fees owed to DigiPlay. These remedies are in addition to any other remedies DigiPlay may have at law or in equity.

INDEMNIFICATION; HOLD HARMLESS:

You agree to indemnify, defend, and hold harmless DigiPlay, its affiliated companies, and its suppliers and partners (including, without limitation, DigiPlay's wireless carrier partners) 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 the DigiPlay Services, (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. DigiPlay 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:

To the permitted by applicable law, DigiPlay or its affiliates, contractors, employees, agents, or third-party partners (including, without limitation, DigiPlay’s wireless carrier, partners) or suppliers will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of the DigiPlay services, even if DigiPlay 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. In no event shall DigiPlay’s (or its affiliates, contractors, employees, agents, suppliers, or third-party partners including, without limitation, DigiPlay’s wireless carrier partners) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement exceed the amounts paid by you for accessing the DigiPlay services during the twelve (12) months immediately preceding the date of your claim or one thousand dollars, whichever is greater.

RESERVATION OF RIGHTS:

The DigiPlay Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of DigiPlay or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the Lookout Services is granted to you, whether by implication, estoppel or otherwise.

RESTRICTIONS:

You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the DigiPlay Software; (b) modify, adapt, translate or create any derivative works of the DigiPlay Software or attempt to do the foregoing; (c) attempt to circumvent or disable the DigiPlay Software or any technology, features or measures in the DigiPlay Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the DigiPlay Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the DigiPlay Software to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the DigiPlay Software; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the DigiPlay Software or used in connection with the DigiPlay Software

USER DATA AND LOCATION DATA:

The DigiPlay Services may allow the submission of content and materials by you (" User Data "), and the hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them.
DigiPlay assumes any data that is uploaded using the DigiPlay service purchase by you is your data and hence will not be liable for anything to that data.
DigiPlay assumes no responsibility whatsoever in connection with or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. DigiPlay does not endorse and has no control over the content of User Data submitted by other Users. DigiPlay reserves the right to prevent you from submitting User Data and to restrict or remove User Data for any reason at any time. In addition, certain DigiPlay Software may use data received or obtained from your wireless device to determine your location ("Location Data "). By using the DigiPlay Services, you hereby consent and permit DigiPlay to use Location Data in accordance with the terms of our Privacy Policy. DigiPlay does not make any representation, warranty or guarantee of accuracy, completeness or timeliness of with respect to any Location Data.

MODIFICATION OF THIS AGREEMENT:

Lookout may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the DigiPlay.in site, and you agree to be bound by any changes to the Terms of Service when you continue to use the DigiPlay Services after those changes are posted.

REFUND POLICY:

DigiPlay services are bought on subscription basis. In the event you choose to subscribe to DigiPlay service, you will be charged through PayPal. Subject to this Refund Policy condition, user may be eligible to receive a full refund within 30 days from the day of payment, if the cancellation reason is proper and valid. To be clear, you will not be refunded any charges you paid for that subscription period once subscription period expired.
To get refund, send refund request at info@DigiPlay.in with order information.

DISCLAIMER:

DigiPlay software is designed for ethical monitoring for parents who wish to monitor their underage children or for employers who wish to monitor their employees with their written consent. The buyer of the DigiPlay software must own the smartphone or must have written consent from their children or employees granting them permission to monitor before they install and activate the DigiPlay software onto the smartphone.
DigiPlay software must not be used to 'Stalk' or 'Spy' anyone. DigiPlay software must not be used to monitor the smartphone of a spouse, girlfriend, boyfriend, child over 18 without their written consent.
If you attempt to use DigiPlay software to monitor a smartphone you do not own or have proper written consent to do so by the owner of the smartphone, you may be breaking federal and state laws. In such case we will co-operate with the law officials to full extent.
To further elaborate the written consent must include the monitored person or owner of the smartphone giving permission to the buyer of the DigiPlay software to track their SMS, call log, emails, appointments, Geo Location, videos, photos, contacts, Internet browsing history, Bookmarks, surrounding audio, surrounding video and listen to their recorded calls at any time.
DigiPlay software does not assume any liability for any misuse or damages caused by our DigiPlay software. It is the responsibility of the buyer to obey all laws of their country and use DigiPlay software legally.
You are taking full responsibility of using DigiPlay for legal purposes and are not breaking any federal or state laws. It is the responsibility of the user of DigiPlay to ascertain, and obey, all applicable laws in their country in regard to the use of DigiPlay. It is the final user's responsibility to follow all the laws in their country and DigiPlay will not be held accountable for any illegal use of the product. By downloading and installing DigiPlay, you pledge that DigiPlay bears no responsibility from here on forth. Logging other people's SMS messages and other phone activity or installing DigiPlay on another person's phone without their knowledge can be considered as an illegal activity in your country. It is the user's responsibility to carry out research regarding their country's laws before buying DigiPlay. By purchasing, downloading, installing or activating DigiPlay, you hereby agree to the above.