pcTattletale Terms And Conditions



The Use of Personal Information:

Terms and Conditions

The Terms and Conditions encompasses both the End User License Agreement and the Return and Refund Policy.



END USER LICENSE AGREEMENT and ONLINE TERMS AND CONDITIONS

THIS END USER LICENSE AGREEMENT ("Agreement") CONSTITUTES A BINDING AGREEMENT BETWEEN YOU THE PURCHASER, AND/OR ANY OTHER THIRD PARTY USING THE SOFTWARE ("USER"), AND FLEMING TECHNOLOGIES, LLC. ("FTC"). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE. INSTALLATION OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT PURCHASE THE SOFTWARE, OR UNINSTALL THE SOFTWARE IF IT IS ALREADY INSTALLED. USE OF THE SOFTWARE IS STRICTLY PROHIBITED UNLESS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ONLY INSTALL THIS SOFTWARE ON A DEVICE OR DEVICES OWNED BY THE USER. USER ALSO AGREES TO INFORM ANY PERSON(S) WHO USES A DEVICE WITH THE SOFTWARE INSTALLED OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY MAY RESULT IN YOU BREAKING STATE AND FEDERAL LAWS. USER UNDERSTANDS AND AGREES THAT USER SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY FTC THAT IS A DIRECT RESULT OF USER'S IMPROPER OR ILLEGAL USE OF THE SOFTWARE.

OWNERSHIP OF SOFTWARE

USER acknowledges and agrees that all of the software programs, whether in basic code or usable form, certificates of authenticity, security devices and associated documentation, regardless of form or media, (collectively, the "Software") which are the subject of this Agreement, are owned exclusively by FTC. USER agrees that the price paid for the Software constitutes a license fee, granting USER only the rights set forth in this Agreement.

GRANT OF LICENSE

FTC grants to USER, and USER accepts, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. USER agrees to use the Software only as authorized in this Agreement.

No other rights, either express or implied, are being transferred to the USER unless specifically stated in this Agreement. USER shall not have any right to reproduce, distribute, or otherwise disseminate the Software contrary to the terms and conditions of this Agreement. USER shall have no right, title, interest or claim as to the property owned by FTC, which includes but is not limited to, the Software, any patents, trademarks, copyrights, and/or trade-names.

SCOPE OF LICENSE

This Software is licensed to be installed and used on only the number of devices included in the package your purchase.

USER may not copy or make any changes or modifications to the Software, and USER may not engage or participate with any other third party to manufacture, duplicate, deliver, transfer, pirate, translate, decompile, disassemble, or otherwise reverse engineer the Software. USER may not lend, rent, lease or sub-license the Software, in any form, to any other third party for any purpose, unless authorized by this Agreement. USER agrees to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication and to report any unauthorized use, modification, reproduction, distribution or publication to FTC. USER is not permitted to make any copies of the Software. USER shall not use the Software in a manner not authorized by the terms of this Agreement, and FTC reserves all rights that are not expressly granted herein.

TRANSFER RESTRICTIONS

USER may not transfer, sell, distribute or otherwise disseminate the Software, without the prior written consent of FTC.

USE OF THE SERVICE

In accessing and using your online account ("Service") to review data recorded by the Software, you agree to obey all local, state and federal laws. You may not use the Service in any way: 1) that harms our affiliates, resellers, distributors, and/or vendors (collectively, the "FTC Parties"), or any other customer of an FTC Party; 2) to modify or reroute, or attempt to modify or reroute the Service; to damage, disable, overburden, or impair the Service (or the network connected to the Service), or interfere with anyone's use of the Service; 3) to resell or redistribute the Service, or any part of the Service without express written consent of FTC.

The USER shall at all times be liable for any fees, penalties, or other costs incurred by FTC as a result of any use of the Software by any unauthorized person, or by any person making unauthorized use of the Software using any account in the name of the USER.

STORAGE OF RECORDED DATA

The Service includes the storage of data that is recorded by the software for a seven (7) days. USER may opt to, for an additional fee, increase the period of time FTC stores their data. Should the User desire to have their data remain on FTC's servers for a longer period of time, User can purchase additional data storage at FTC's then-current prices. Should User's data storage requirements exceed reasonable amounts, FTC reserves the right to, at FTC's discretion, seek the appropriate remedy. Appropriate remedies include, but are not limited to, deleting excess data or requiring the customer to purchase additional data storage.

User agrees that FTC cannot be held liable in any way for the loss of recorded data.

PRIVACY

FTC considers your use of the service to be private. However, we may access or disclose information about you, your account, recorded information stored in your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; (3) investigate potential fraudulent activities; or (4) protect the rights, property, or safety of FTC, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

TERM AND TERMINATION

This Agreement will become effective upon the date that USER acquires the Software and shall remain in full force and effect for the duration of your subscription. This Agreement and USER'S rights pursuant to this license will terminate automatically without notice from FTC if USER fails to comply with any provision of the Agreement. Prior to the subscription expiration of the SOFTWARE, FTC will automatically charge USER'S payment information on file unless the USER has already renewed or cancelled for that subscription period. If the USER opts to cancel the renewal subscription, FTC will then terminate this Agreement and cancel the USER's account.

LIMITED WARRANTY

Limited Product Warranty. FTC warrants that each version of the Software will perform substantially in accordance with its user documentation. This warranty is valid for a period of thirty (30) days from the date of purchase (the "Product Warranty Period"). In connection with this Limited Warranty, FTC will provide USER with all new versions of the Software that are made available to new customers during the Product Warranty Period. FTC, however, is not required to release new versions of the Software at any time and will only release such versions in its sole discretion. Notwithstanding anything to the contrary in the Refund Policy, this is your exclusive remedy and FTC's sole liability for any failure of the Software to function. Any warranties imposed by law concerning the Software are limited to the same thirty (30) day period.

UNLESS MANDATORY UNDER APPLICABLE LAW DESPITE THIS PROVISION, FTC, EXCEPT AS EXPRESSLY WARRANTED HEREIN, PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE USER. FTC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET USER'S REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS WILL BE CORRECTED.

NEW VERSIONS OF THE SOFTWARE

FTC, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software.

LIMITATION OF LIABILITY

USER AGREES THAT IN NO EVENT SHALL FTC, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY DAMAGES (INCLUDING ANY CAUSED BY NEGLIGENCE), LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF FTC OR ITS AFFILIATES ARE ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THIS LIMITAITON OF LIABILITY SHALL APPLY EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, USER AGREES THAT IN NO EVENT SHALL THE LIABILITY OF FTC, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE AND/OR THIS LICENSE.

EXPORT LAW ASSURANCES

USER may not use or otherwise export or re-export the Software except as authorized by United States and International Law. In particular, but without limitation, the Software may not be exported or re-exported (i) into (or to a national or resident of) any country subject to a United States embargo or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, USER represents and warrants that USER is not located in, under control of, or a national or resident of any such country on any such list. In the event that FTC receives information that the Software has been transferred to or is being used by an unauthorized third party, then FTC shall have the right to automatically and at their discretion terminate this Agreement and the rights associated herein.

GOVERNING LAW, JURISDICTION AND VENUE

This Agreement shall be construed under the laws of the State of Michigan, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. USER and FTC agree to submit to the exclusive personal jurisdiction, subject matter jurisdiction and venue of the County of Macomb, State of Michigan, USA. Any and all disputes concerning the Software, this Agreement or any other matter between the USER and FTC stemming from the Software or this Agreement shall be decided by a Court of competent Jurisdiction located within the County of Macomb, State of Michigan, USA.

UPDATES TO THIS AGREEMENT

FTC reserves the right to change this Agreement at any time by publishing the revised Agreement on the FTC websites. The revised Agreement shall become effective within thirty (30) days of such publication, unless USER expressly accepts the revised Agreement earlier by agreeing to the revised Agreement. USER's express acceptance or USER's continued use of the Software after expiry of the notice period of thirty (30) days, shall constitute USER's acceptance to be bound by the terms and conditions of the updated Agreement. FTC reserves the right to change any element of this Agreement from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the FTC website (unless USER expressly accepts the revised terms earlier), or within the timeframe set out in the applicable terms, if different.

COMPLETE AGREEMENT

This Agreement constitutes the entire agreement between the USER and FTC with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. FTC reserves the right to modify this agreement, without notice, at any time. No amendment to or modification of this Agreement will be binding unless in writing and signed by FTC. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, invalid, or illegal, the remainder of this Agreement shall continue in full force and effect and the parties will amend this Agreement to give effect to the stricken clause to the maximum extent possible.

OTHER TERMS AND CONDITIONS OF USE

USER agrees that the installation and use of the Software will be in accordance with all local, state and federal laws governing the monitoring of device activity and usage.

USER agrees to install this software ONLY on a device that is owned by the USER or on a device which USER has been given explicit permission by the device owner for such installation. USER agrees NOT install this Software on any device that is not owned by USER on any device that USER has not been given explicit permission for such installation.

USER acknowledges that it is prohibited and against the terms of this Agreement NOT to inform any third party that the device they are using is installed with the Software and that their usage is subject to monitoring and recording.

REFUND POLICY

If you have purchased pcTattletale (other than via our Free Trial Program) and it does not perform as advertised, please notify us within 72 hours of your purchase. Our customer support staff is available to resolve any issued that you may have. If you have notified us within 72 hours of purchase and our customer support staff is unable to resolve the issue within 3 days of you notifying us, a Full Refund will be issued.

*Please note that you must provide us with reasonable access to resolve your issue and we do not issue refunds for simply changing your mind.

Free Trial Customers:

The Free Trial program is intended to provide you with a no risk method to confirm pcTattletale works as advertised. Accordingly, if you have purchased pcTattletale via the Free Trial program, no refunds will be issued as you have already confirmed the functionality of the software by manually upgrading to a paid subscription inside your account. However, you can cancel your subscription at ANY TIME to ensure your account does not incur any additional renewal charges. If you are already a pcTattletale customer and/or your email address base been associated with a pcTattletale subscription, you are not eligible to receive a Free Trial.

Billing – NO REFUNDS:

By starting your pcTattletale subscription, you are expressly agreeing that we are authorized to charge you an annual subscription fee at the then published rate, and any other charges you may incur in connection with your use of the service to the payment method you provided during signup. We will automatically bill your payment method each year (as applicable) on the anniversary of the commencement of you upgrading to a paid subscription. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT AND ACKNOWLEDGE THAT PCTATTLETALE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

You may cancel your pcTattletale subscription at any time. WE DO NOT PROVIDE REFUNDS FOR ANY PARTIAL YEAR SUBSCRIPTION PERIODS. PCTATTLETALE IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION IF YOU DO NOT PROPERLY FOLLOW THE CANCELLATION PROCEDURES SET FORTH HERIEN.

For technical issues encountered either after the Free Trial or 72 hours in case of purchase, please contact our support team from within your account. If any specific issue is not resolved within 72 hours, we will gladly extend your subscription for the period of time you were inconvenienced.

*While we make every effort to upgrade to be compatible with new operating systems, pcTattletale cannot guarantee compatibility with future operating systems.

How to submit a refund request:

  • All refund requests must be submitted in writing via a support request from inside your account
  • We do not accept refund requests via the Live Chat or by phone
  • A response will be issued within 48-72 hours after receiving a refund request

*Please review the non-refundable scenarios below before submitting a refund request:

Non-refundable scenarios (pcTattletale for Windows PC):

  • Personal reasons like changing your mind or made purchase by mistake
  • Customer does not accept technical assistance
  • No access to target computer
  • Customer wanted to use pcTattletale to monitor more computers than their plan allows
  • Target computer does not have an Internet connection
  • Target computer uses an unsupported operating system

Non-refundable scenarios (pcTattletale for Android):

  • Personal reasons like changing your mind or made purchase by mistake
  • Customer does not accept technical assistance
  • No access to target mobile device
  • Customer wanted to use pcTattletale to monitor more devices than plan allows
  • Target device does not have an Internet connection
  • Target device uses an unsupported operating system
  • No access to historical data prior to the pcTattletale installation date
  • Resetting mobile device to original factory settings

Non-refundable scenarios (pcTattletale for iOS - iPhone/iPad)

  • Personal reasons like changing your mind or made purchase by mistake
  • Customer does not accept technical assistance
  • No access to target mobile device to confirm iCloud settings
  • Customer wanted to use pcTattletale to monitor more devices than plan allows
  • Target iOS device does not have access to WiFi
  • Target iOS device uses an unsupported operating system
  • Resetting mobile device to original factory settings
  • Customer is unable to provide Apple ID & Password for the target iOS device
  • iCloud is or becomes disabled on the target iOS device at any time
  • Data is deleted on the target device before the next iCloud backup
  • Website History cannot be captured by pcTattletale in Safari in Private Browsing mode is enabled

*Third Party applications like Chrome & iOS may publish updates such that pcTattletale may become inoperable for unexpected and undefined periods of time. pcTattletale cannot guarantee 100% up-time for this reason. In the event that service is disrupted by a third party update and lasts for more than a continuous 72 hour period, your pcTattletale license will be pro-rated and extended out for the amount of time effected by this disruption. Customer must request extension of subscription in writing via a support ticking from within your account within 7 days.

*Please note that the functionality of pcTattletale for iOS is dependent on the availability of data through Apple's iCloud backup service. Data displayed in your pcTattletale account reflects the data in the last available iCloud backup.

Subscription Renewals:

To avoid any gaps in coverage, your subscription will renew automatically until canceled (as per the terms and conditions previously accepted) using the payment info previously provided.

You can easily cancel your subscription at any time by closing your account (follow steps below)

Account Overview -> Close Account

*For your security, subscription cancellation requests are not accepted via phone or live chat.