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Location Tracker Software License Agreement

Read carefully the following terms and conditions of this license agreement before downloading, installing or using the Mobile Tracker mobile software or any accompanying documentation. The terms and conditions of the Mobile Tracker Software License regulate the use of the software, unless you and Sky Productivity Pvt. Ltd. ME have concluded a specific legal agreement regarding the Mobile Tracker software.

The Sky Productivity Pvt. Ltd. ME and/or its subsidiaries, hereinafter referred to as SKY PRODUCTIVITY, agrees to license the Mobile Tracker software, hereinafter referred to as the SOFTWARE, to you as a physical person, company or legal entity that will use the the SOFTWARE, hereinafter referred to as the USER, only under the condition of acceptance of all the terms contained herein. By downloading, copying, installing or using the SOFTWARE, you acknowledge and agree that you understand this contract in its entirety and accept all its terms unconditionally.

This is a legally binding contract between you, the USER, and SKY PRODUCTIVITY. If you do not accept or agree to the terms of this agreement, please do not download, install, copy, access or make any other use of the SOFTWARE. If you do not accept all the terms of this Agreement, SKY PRODUCTIVITY will, in no case, recognize any license of the SOFTWARE that you have downloaded, copied, stored, installed, accessed or used in any device of your property or contractual ownership.

1. Licensing and provisions

a. Granting a user license

(I) subject to your compliance with the terms and conditions of this Agreement SKY PRODUCTIVITY ensures a non-exclusive, nontransferable license to you, as a single USER or set legal guardian of one or more users, to install and use the SOFTWARE on one or more mobile devices of your property, for personal use only, not commercial or business, if not otherwise expressed explicitly in the terms of use of the SOFTWARE.

(Ii) ifSKY PRODUCTIVITY provides any SOFTWARE update, the use of this update will be governed by the Terms and Conditions of this Agreement or another agreement, if expressly applied to this update.

(Iii) Mobile Tracker is a SOFTWARE application that assumes the permission of the USER who has installed and running the SOFTWARE on this device. Mobile Tracker can only be installed and used in devices which the USER is legally authorized, formal or consensual for this type of use or that the person owning the device is aware and agrees that it is being monitored or is legally capable of monitoring by the USER as in the case of parents and minor children. Otherwise, SKY PRODUCTIVITY has no responsibility for consequences that this type of use can cause as well as not offering support or guarantees of accordance with the terms of this contract.

b. Limitations

It is forbidden,

(I) the use of the SOFTWARE for any purpose other than legally covered by this Agreement or that is in disagreement with the legislation of the city, village, city, state, region or country in which you reside, utilize or intend to the utilize the SOFTWARE;

(Ii), except for temporary transfer, in case of defect (s) on the device(s), installing the SOFTWARE on devices that are not covered by this Agreement;

(Iii) except as expressly authorized by law, modifying or altering the SOFTWARE;

(Iv) transferring, pledging, leasing, distribution, sharing or sublicensing the SOFTWARE if not in case of sale or transfer of ownership of the device in which it was initially installed;

(V) granting of any access to the SOFTWARE to third parties or the use of it in a service bureau, sharing, subscription service, leasing or its use based on session service or in any other way, or

(Vi) circumventing, attempting to circumvent, authorize or help others to circumvent the controls on the installation or use of copies of the SOFTWARE.

The USER acknowledges and agrees

(Vii) that the components of the SOFTWARE, including, without limitation, the source code and the design specifications and structure of individual modules or programs, are composed of or contain trade secrets of SKY PRODUCTIVITY and / or its licensors.

(Viii) that they must not disassemble, decompile, "hack" or reverse engineer the SOFTWARE, in whole or in part, or permit or authorize a third party to do so, except to the extent that such activities are expressly permitted by law, notwithstanding this prohibition.

(Ix) that they are solely responsible for any data or mobile telecommunications charges generated for you and your mobile device as a result of your use of the SOFTWARE, and must abide by the terms and conditions of any connection services, voice, data, telecommunications, Internet, broadcast and broadband services which will be used during use of the SOFTWARE.

2. Ownership

The SOFTWARE is licensed and distributed for free, not sold. SKY PRODUCTIVITY retains ownership of the SOFTWARE, including all intellectual property rights. The SOFTWARE is protected by Indian intellectual property law and international treaties. The USER cannot delete or alter in any way any copyright, trademarks and other intellectual property notices or marks appearing in the SOFTWARE when it is in your possession or use.

3. Support

If the USER finds any problems with the software, they must contact on service@skyproductivity.com for support information. SKY PRODUCTIVITY will use its best efforts to answer any problems that the USER might experience using the SOFTWARE, in accordance and within the limits of the guarantees set forth in this Agreement.

4. Term

The present Agreement is effective until terminated legally. The USER may terminate this Agreement at any time by destroying and/or uninstalling all copies of the SOFTWARE in their possession or control. The present Agreement will terminate automatically, without prior notice, if the User breaches any term of the present Agreement, in which case the USER must immediately destroy and/or uninstall all copies of the SOFTWARE in their possession or control.

5. Limited Warranty

SKY PRODUCTIVITY does not guarantee that the SOFTWARE will meet the user needs, that the SOFTWARE will operate in the combinations that the USER can select to use, that the operation of the SOFTWARE will be free from errors or without interruption, or that all SOFTWARE errors will be corrected. Reliance on the availability or accuracy of data, information and SOFTWARE functionality is entirely AT THE RISK OF THE USER.

SKY PRODUCTIVITY rejects all warranties regarding the SOFTWARE, media and any other subject matter of the present Agreement, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, the implied warranty of COMMERCIALIZATION, the implied warranty of SUITABILITY FOR A PARTICULAR PURPOSE and the implied warranty of NON-INFRINGEMENT AND ANY AND ALL WARRANTIES AND CONDITIONS ARISING in the course of negotiation or commercial usage.

NO SUGGESTION, HINT, COMMENT OR INFORMATION, WHETHEREXPRESSED IN ORAL OR WRITTEN FORM, obtained through SKY PRODUCTIVITY, from and not limited to its employees, partners and channels of communication, or elsewhere shall create any warranty or condition not expressly stated in the present AGREEMENT. All warranties implied by law are limited to the duration of the express warranty set forth herein.

The foreseen warranties also apply in the case of providing the SOFTWARE or part thereof for evaluation, testing or demonstration purposes, or when the SOFTWARE is not properly installed or used.

6. Limitation of Liability

Top of Form TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKY PRODUCTIVITY or its suppliers or RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FORANY INDIRECT, consequential, incidental, accidental, punitive or special damages, regardless of cause or ORIGIN OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, DAMAGES caused by loss of profits or revenue, loss of privacy, loss of total or partial use of any device or software, including the SOFTWARE, business interruption, loss of business information or other financial loss) arising from the PRESENT AGREEMENT OR the SOFTWARE, even if SKY PRODUCTIVITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKY PRODUCTIVITY IN NO EVENT SHALL BE LIABLE FOR DAMAGES "IN CONNECTION WITH THESOFTWARE that may exceed five dollars ($ 5.00). The above limitation SHALL APPLY REGARDLESS OF ANY ESSENTIAL FAILURE OF ANY RESOURCE OF THE SOFTWARE.

Due to the imprecision of the technical and physical resources by which information recorded in Mobile Tracker are transmitted and processed, including but not limited to telephone data networks, localization satellites, cellular telephones, computers, people, Internet service providers and Telecom data networks, environmental factors, climate, among others, Sky Productivity legally does not endorse, is not responsible or recommend the adoption of such information as proofs, evidence, or indexes of any nature in legal proceedings or as motivators of personal or business decisions which may result in applying the current law. Any act or decision in the access to such information are the sole responsibility of the USER without SKY PRODUCTIVITY having to be aware of such acts or consequences, according to the current law in the codes of civil and criminal law of the country or any other instance of the Right to which such acts or decisions are subject to competency.

7. Recourse for infringement

The USER hereby agrees and acknowledges their responsibility not to disassemble, manipulate, decompile, "hack" or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so in order to injure the rights and intellectual property of SKY PRODUCTIVITY. In case of violation of the foregoing, the USER acknowledges that it would cause a huge loss, irreparable damages and detriment to SKY PRODUCTIVITY. The USER expressly agrees that SKY PRODUCTIVITY is entitled to an injunction, punitive and other equitable relief in case of violation or to prevent such breach. The equitable relief, however, should not be construed as a waiver of any other rights or resources that SKY PRODUCTIVITY may have for indemnity or otherwise provided by applicable law of the country or international agreements.

8. General

a. Warning

SKY PRODUCTIVITY may issue any notice required by this Agreement, through pop-up window, dialog box, banner, editorial calls, e-mail, SMS message or other device, even though the USER may not receive the notification at the time the issuance of the notice. Any notice shall be deemed delivered by SKY PRODUCTIVITY on the date that it is available on the site mobiletracker.skyproductivity.com, regardless of when the USER actually receives it or accesses it.

b. Privacy

The USER acknowledges that SKY PRODUCTIVITY collects certain information about users of the SOFTWARE, including certain personally identifiable information. You consent to SKY PRODUCTIVITY's collection and use of such information and agree that the collection and use of such information shall be governed by the Mobile Tracker PRIVACY POLICY, currently published on the site mobiletracker.skyproductivity.com, and acknowledge and agree that the SKY PRODUCTIVITY may revise the policy from time to time.

c. Integrality

This Agreement constitutes the entire agreement between the parties and replaces all previous communications, representations or agreements, oral or written, with respect to the matters contained herein.

d. Alterations

SKY PRODUCTIVITY may periodically change the Terms and Conditions for use of the SOFTWARE. When these changes are completed, SKY PRODUCTIVITY will provide a new copy of the Terms and Conditions for use of the SOFTWARE on the site mobiletracker.skyproductivity.com. The USER understands and agrees that, if you use the SOFTWARE after the date of modification of the Terms and Conditions for use of the SOFTWARE, SKY PRODUCTIVITY will treat your use as acceptance of the Terms and Conditions for use of the updated SOFTWARE.

e. Autonomy

The parties desire and agree that all provisions of the present Agreement shall be enforceable to the extent permitted by law. If any provision of this Agreement is held invalid or unenforceable, or application thereof to any person or circumstance, thenthat provision shall be interpreted so as to permit its enforceability under the current law to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.

f. Forum

The parties elect the District Court of the District of Ahmedabad, Gujarat, India, as competent to resolve any disputes arising from the present Contract, to the exclusion of any other, no matter how much more privileged.


Terms and Conditions of use of the service Location Tracker

Before accessing, browsing and/or using the pages, resources and tools of the mobiletracker.skyproductivity.com site, please read the terms and conditions governing the use of the Mobile Tracker service. The terms and conditions set forth below are sovereign in the relationship between you and the Mobile Tracker service, unless you and Sky Productivity Pvt. Ltd. ME have concluded a specific legal agreement.

Sky Productivity Pvt. Ltd. ME and/or its subsidiaries, hereinafter referred to as SKY PRODUCTIVITY, owns, publishes, and allows through the URL mobiletracker.skyproductivity.com access to the online service Mobile Tracker, hereinafter referred to as Mobile Tracker for you as an individual, company or legal entity that will use the service, hereinafter referred to as USER, only under the condition that the USER accepts all the terms contained in this Agreement. By accessing, browsing and/or use of Mobile Tracker, you agree to the fullest with all the permissions and requests of the registration process, all terms and conditions unconditionally, including any future amendments to this term of service and all guidelines that constitute this as a Contract between you and SKY PRODUCTIVITY.

If you do not accept or do not agree fully with the terms of this Agreement, please, immediately terminate your access or site navigation. If you do not accept all the terms of the present Agreement, SKY PRODUCTIVITY will not recognize under any circumstances, any account, subscription or registration data that may come to be claimed by you.

1. Provision of the service of Mobile Tracker for SKY PRODUCTIVITY

1.1 SKY PRODUCTIVITY can create subsidiaries and affiliated entities. Sometimes, these companies can provide all or part of Mobile Tracker services to the USER on behalf of SKY PRODUCTIVITY. The USER acknowledges and agrees that the Subsidiaries and Affiliates will be entitled to provide such services.

1.2 SKY PRODUCTIVITY seeks continuous innovation to offer an increasingly different experience to its users and customers. The USER acknowledges and agrees that the form and nature of services of Mobile Tracker provided by SKY PRODUCTIVITY may change occasionally without notice to the USER.

1.3 The USER acknowledges and agrees that SKY PRODUCTIVITY can by force of law, necessity or technical problem, to allow (indefinitely) to provide the Mobile Tracker service of to the users in general, without notice. The USER can stop using the services of Mobile Tracker at any time. The USER does not need to specifically inform SKY PRODUCTIVITY their intention to leave the Mobile Trackerservice, however, it is granted the same opportunity to register the termination of your account through the sitemobiletracker.skyproductivity.com.

1.4 The USER recognizes and accepts that if SKY PRODUCTIVITY disables access to your account either by spontaneous or compulsory termination under the terms of this Agreement, it can be prevented from accessing the services of Mobile Tracker, account details or any files or other content which is contained in the account, and will not be possible to use resources and tools.

2. Use of the Services by the USER

2.1 The USER hereby agrees to use Mobile Tracker only for the purposes that are permitted: (a) by the Terms and Conditions, and

(b) the laws, regulations, accepted practices or guidelines in the county, city, state, province, region or country where you reside or use Mobile Tracker.

2.2 The USER agrees not to engage in activities that interfere with or disrupt the operation of Mobile Tracker (or servers or networks connected to services).

2.3 Unless you have been authorized by means of a specific contract signed with SKY PRODUCTIVITY, THE USER agrees not to reproduce, duplicate, copy, sell, trade or resell any resources, tools or components of Mobile Tracker for any purpose.

2.4 The USER agrees that they are solely responsible for (and that SKY PRODUCTIVITY has no responsibility to the USER or any third party) for any breach of its obligations with respect to the Terms and Conditions and for the consequences (including any loss or damage which SKY PRODUCTIVITY may suffer) resulting from this violation.

2.5 Mobile Tracker is a service that requires the permission of the USER and can only be activated and used in devices which the User subscribes to the service, has legal authorization, formal or consensual for this type of use or that the person carrying the device has knowledge and agrees to being monitored or is legally capable of monitoring by the USER that engaged the service, as in our case of parents and minor children. Otherwise, SKY PRODUCTIVITY has no responsibility for consequences that this type of use can cause and does not offer support or guarantees in accordance with the terms of this contract.

3. Ending the relation between the User and SKY PRODUCTIVITY

3.1 The Mobile Tracker Terms and Conditions continue to apply until terminated by the USER or SKY PRODUCTIVITY, as set forth below.

3.2 SKY PRODUCTIVITY may at any time terminate the contract with the USER if:

(A) the USER having breached any provision of the Terms and Conditions (or having acted in a manner which clearly shows the USER does not want or can not comply with the provisions of the Terms and Conditions), or

(B) if it is required by law of SKY PRODUCTIVITY, or

(C) the partner with which SKY PRODUCTIVITY offered Mobile Tracker to the USER has terminated its relationship with SKY PRODUCTIVITY or ceased to offer the Mobile Tracker services to the USER, or

(D) the provision of the Mobile Tracker service to the USER by SKY PRODUCTIVITY is no longer, in the opinion of SKY PRODUCTIVITY, commercially viable, according to the law No 11.101,OF 9 FEBRUARY 2005.

(E) When the USER formally expresses the desire to end the relationship with Mobile Tracker and SKY PRODUCTIVITY or when there is no valid license associated with your registration with Mobile Tracker.

3.3 When these Terms and Conditions come to an end, all the rights, obligations and legal responsibilities of which the USER or SKY PRODUCTIVITY have benefited from, been subject to (or which have accrued during the period in which the Terms & Conditions were in force) or which expressly should continue in force indefinitely, will not be affected by this resolution.

4. Integrations and dependencies with other software or services

4.1 The use of the Mobile Tracker service involves integration with the Software for Mobile Tracker mobile devices, which have terms and conditions of specific use. By using the Mobile Tracker service, the USER acknowledges and agrees to being aware the conditions offered for the use of the Mobile Tracker Software. Click here to read the terms and conditions of the Mobile Tracker Software.

4.2 The use of the Mobile Tracker service by the user could involve the integration and / or use of services of an Internet connection, data and voice hired directly by USERS to third parties (service providers or telecommunications), which have specific terms and conditions of use outside Mobile Tracker. By using the Mobile Tracker service through service providers or telecommunication third parties, the USER acknowledges and agrees to that the USER is aware of the conditions offered by these third parties and excludes Mobile Tracker from liability for any damages relating to interruption, quality or performance of such services of access and use of resources and tools from Mobile Tracker.

5. Registration and account

The USER must provide real names and registration information, allowing Mobile Tracker to register and maintain the security of your account. For this, the USER acknowledges and agrees that they:

(I) will not provide any false data in their registration or communication with Mobile Tracker;

(Ii) will not create an account for third parties without legally recognized permission or authorization from both the third party and SKY PRODUCTIVITY;

(Iii) will not use their registration and information associated with it on Mobile Tracker for commercial purposes (like selling the updating of their data tracking and localization);

(Iv) will not create a registration with Mobile Tracker if you are less than 18 years of age;

(V) will keep your contact information correct and current;

(Vi) will not share your password, allow a third party to access your account or anything else that endangers the security of your account;

(Vii) will not transfer your account to a third party without first obtaining permission legally expressed by SKY PRODUCTIVITY.

6. Payments

6.1 When the USER confirms a transaction, they agree that they are ready to pay for this transaction. The USER should not complete a transaction unless they are ready to pay for it.

6.2 When the USER selects a payment method on Mobile Tracker, they confirm that they are allowing the use of that means of payment. The USER also confirms the authorization for SKY PRODUCTIVITY to collect and store this selection as well as other information related to the transaction.

6.3 The USER understands and acknowledges that transactions arising from the signing process of plans or payments for services unbundled may be mediated by specialized third-party in payments and that, due to the form and nature of this intermediation, the relationship between the parties are governed under the specific terms and conditions of third-party businesses.

6.4 The USER acknowledges and agrees that the total value of the transaction may include taxes and costs for which they are responsible for paying to Sky Productivity or third parties to mediate payments.

6.5 Even if SKY PRODUCTIVITY uses terms like "BUY", "SELL" and "REQUEST" to refer to transactions related to Mobile Tracker, we do not transfer ownership of it to the USER. Mobile Tracker is licensed, not sold.

6.6 SKY PRODUCTIVITY can cancel a transaction if it believes that such a transaction violates the Terms and Conditions of Mobile Tracker or believes that acting in this way can prevent financial losses.

6.7 SKY PRODUCTIVITY can delay confirmation of payment for a period of time, limit the means of payment for a transaction, limit the availability of the USER to make payments or deactivate your account temporarily or permanently for technical reasons, or if we believe that acting in this way can prevent financial losses.

6.8 SKY PRODUCTIVITY can get in contact with the means of payment or third parties involved in the process of payment to confirm data and information if we believe that doing so can prevent financial loss or violation of current law.

6.9 If the USER believes that there is an unauthorized transaction on your account on Mobile Tracker, they must notify SKY PRODUCTIVITY immediately to take the necessary measures to prevent financial losses.

6.10The USER agrees to reimburse SKY PRODUCTIVITY for all charge-backs, fees, taxes, penalties and other related costs and expenses that are caused by or arising from payments that the USER has previously authorized or accepted.

7. License granting and relative provisions

a. Granting a user license

(I) subject to your compliance with the Terms & Conditions of this Agreement, SKY PRODUCTIVITY provides a non-exclusive, nontransferable license to you, as a single USER or established legal guardian of one or more users, to use the resources and tools in Mobile Tracker, only for personal use, not commercial or business, if not explicitly expressed otherwise in the terms of use of Mobile Tracker.

(Ii) This license granted to you is valid for a selected time and determined by the USER according to the price and payment conditions offered during the Mobile Tracker account registration process at the mobiletracker.skyproductivity.com site.

(Iii) ifSKY PRODUCTIVITY applies any update on the pages, resources or tools on Mobile Tracker, the use starting as of that update will be governed by the Terms and Conditions of this Agreement or another agreement expressly applied to that update.

b. Limitations

It is forbidden, (I) using Mobile Tracker for any purpose other than is legally contemplated by this Agreement or is in disagreement with the legislation of the city, village, province, state, region or country in which you reside, use or intend to use Mobile Tracker

(Ii) the transfer, pledging, leasing, distribution, sharing or sublicensing your Mobile Tracker license, except in case of sale or transfer of ownership of the device on which the service and the account are associated. In this case, SKY PRODUCTIVITY must be notified formally and immediately by the current legally established owner of the account on Mobile Tracker under penalty of cancellation of said account;

(Iii) granting any access to Mobile Tracker to third parties or the use of it in a service bureau, sharing, subscription service, leasing or application based on provision of services or otherwise, or

(Iv) circumventing, attempting to circumvent, authorizing or helping third parties to circumvent the controls on access and use of the service.

The USER acknowledges and agrees

(V) that the components of Mobile Tracker, including, without limitation, pages, images, text, graphics, videos, source code and the design specifications and structure of individual modules or programs, constitutes or contain trade secrets of SKY PRODUCTIVITY and/or its licensors.

(Vi) to not disassemble, decompile, "hack" or reverse engineer any of the components of Mobile Tracker, in whole or in part, or permit or authorize a third party to do so, except to the extent that such activity is expressly permitted by law notwithstanding this prohibition.

(Vii) that they are the only ones responsible for any data from mobile or fixed telecommunications, or charges generated by you and your mobile device or computer as a result of your use of ofMobile Tracker, and must abide by the terms and conditions of any connection services, voice, data, telecommunications, Internet, broadcast and broadband services which will be used when using Mobile Tracker.

8. Property

Mobile Tracker is licensed under commercial conditions, it is not sold. SKY PRODUCTIVITY retains ownership of Mobile Tracker, including all intellectual property rights. Mobile Tracker is protected by Indian intellectual property law and international treaties. The USER can not delete or alter in any way any copyright, trademarks and other intellectual property notices or marks appearing on Mobile Tracker when it is in use.

9. Support

If the USER finds any problems with Mobile Tracker, they should contact the sitemobiletracker.skyproductivity.com for support information. SKY PRODUCTIVITY shall attempt to answer any problems that the USER might experience using Mobile Tracker, in accordance and within the limits of the guarantees set forth in this Agreement.

10. Protection of the rights of other people

10.1 SKY PRODUCTIVITY respects the rights of other people, whether physical or legal, and we hope that the Mobile Tracker USER will do the same

10.2 The USER agrees to not to provide or access data or infringe or violate the right of other people or violate the law.

10.3 SKY PRODUCTIVITY can remove any information stored in Mobile Tracker, including but not limited to any user account that is believed to violate the rights of other people or the law.

10.4 SKY PRODUCTIVITY can cancel, at any time and without prior notice, the account on Mobile Tracker of a USER who is infringing the intellectual rights, property or privacy of another person.

11. Limited Warranty

SKY PRODUCTIVITY does not guarantee that Mobile Tracker will meet needs of the USER, thatMobile Tracker will operate in combinations that the USER can select to use, that the functioning of Mobile Tracker will be error free or uninterrupted, or that all errors from Mobile Tracker will be corrected. Dependence on the availability or accuracy of the data, information and features of Mobile Tracker is entirely AT THE RISK OF THE USER.

SKY PRODUCTIVITY rejects all warranties regarding Mobile Tracker and any other subject matter of this Agreement, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, implied warranties of MERCHANTABILITY, the implied warranty of SUITABILITY FORA PARTICULAR PURPOSE and the implied warranty of NON-INFRINGEMENT ANDALL WARRANTIES AND CONDITIONS ARISING in the course of dealing or commercial usage.

NO SUGGESTION, HINT, COMMENT OR INFORMATION, WHETHEREXPRESSED IN ORAL OR WRITTEN FORM, obtained through SKY PRODUCTIVITY, from and not limited to its employees, partners and channels of communication, or elsewhere, shall create any warranty or condition not expressly stated in this AGREEMENT. All warranties implied by law are limited to the duration of the express warranty set forth herein.

12. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKY PRODUCTIVITY or its suppliers or RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, consequential, incidental, accidental, punitive or special damages, regardless of cause or ORIGIN OF THE LIABILITY (INCLUDING, WITHOUTLIMITATION, DAMAGES due to loss of profits or revenue, loss of privacy, loss of total or partial use of any device or software, business interruption, loss of business information or other financial loss) arising from the PRESENT AGREEMENT, even if SKY PRODUCTIVITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKY PRODUCTIVITY WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES "RELATED TO Mobile Tracker that may exceed five dollars ($ 5.00). The above limitation SHALL APPLY NOTWITHSTANDING TO ANY ESSENTIAL FAILURE OF ANY Mobile Tracker RESOURCE.

Due to the imprecision of the technical and physical means by which information recorded on Mobile Tracker are submitted and processed, including, but not limited to data networks of telephone operators, satellite tracking, cellular telephone devices, computers, personal, data networks of Internet service providers and Telecom, environmental factors, climate, among others, Sky Productivity does not legally endorse, is not responsible and does not recommend the adoption of such information as proof, evidence, or indicators of any nature in legal proceedings or as motivators of decisions, for personal or business, that may arise in applying the law. Any act or decision resulting from access to such information is the sole responsibility of the USER, without SKY PRODUCTIVITY having to be aware of such acts or consequences, according to applicable law in the codes of civil and criminal law of the country or any other instance of the Right to which such acts or decisions are subject to jurisdiction.

13. Actions for infringement

The USER agrees to use the Mobile Tracker only for purposes that are permitted and will not engage in activities that interfere with or disrupt the operation of Mobile Tracker. In case of violation of the foregoing, the USER acknowledges that they would cause a huge loss, irreparable damage and harm to SKY PRODUCTIVITY. THE USER expressly agrees that SKY PRODUCTIVITY is entitled to an injunction, punitive and other equitable relief in the event of violation or to prevent such breach. The equitable relief, however, should not be construed as a waiver of any other rights or resources that may impede SKY PRODUCTIVITY from indemnification or otherwise provided by the law of the country or international agreements.

14. General

a. Notice

SKY PRODUCTIVITY may issue any notice required by this Agreement, through pop-up window, dialog box, banner, editorial calls, e-mail, SMS message or other device, even though the USER is unable receive the notification at the time of issuance of the notice. Any notice shall be deemed delivered by SKY PRODUCTIVITY on the date that it is available on the mobiletracker.skyproductivity.com site, regardless of when the user actually receives or accesses it.

b. Privacy

The USER acknowledges that SKY PRODUCTIVITY collects certain information about Mobile Tracker users, including certain personally identifiable information. You consent to SKY PRODUCTIVITY collecting and using such information and agree that the collection and use of such information shall be governed by the PRIVACY POLICY on Mobile Tracker, currently published on the site mobiletracker.skyproductivity.com as well as acknowledge and agree that SKY PRODUCTIVITY may revise it from time to time.

c. Integrality

This Agreement constitutes the entire agreement between the parties and substitutes all previous communications, representations or agreements, oral or written, with respect to the matters contained herein.

d. Alterations

SKY PRODUCTIVITY may periodically change the Terms and Conditions of Use on Mobile Tracker. When these changes are completed, SKY PRODUCTIVITY will provide a new copy of the Terms and Conditions of Use of Mobile Tracker on the site mobiletracker.skyproductivity.com. The USER understands and agrees that accessing, browsing and / or using the pages, resources and tools on the site mobiletracker.skyproductivity.com after the date of the changes of the Terms and Conditions of Use on Mobile Tracker, SKY PRODUCTIVITY will treat your use as acceptance of the updated Terms and Conditions of Use on Mobile Tracker.

e. Autonomy

The parties desire and agree that all provisions of this Agreement shall be enforceable to the extent permitted by law. If any provision of this Agreement is held invalid or unenforceable, or the application thereof to any person or circumstance, then that provision shall be interpreted to permit its enforceability under the law to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.

f. Forum

The parties elect the District Court of the District of Ahmedabad, Gujarat, India, as competent to resolve any disputes arising from the present Contract, to the exclusion of any other, no matter how much more privileged.


Privacy Policy

1. Introduction

SKY PRODUCTIVITY knows that you care about how your personal information is used and shared and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting, browsing, accessing, using resources or tools from the mobiletracker.skyproductivity.com site and related applications, and any other pages, features or content offered by SKY PRODUCTIVITY, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

Scope

This Privacy Policy covers all software, services and products of SKY PRODUCTIVITY, including, but not limited to, software for mobile devices on Mobile Tracker and online service on Mobile Tracker. It is not, however, applicable to entities that SKY PRODUCTIVITY does not have control of, such as third party applications and external websites.

2. Information we receive

Personal information

When you register on Mobile Tracker, you provide your name, email, sex, date of birth and address, among other personal information. It is possible that during your experience on the site, additional information may be requested to complete your profile. In some cases, additional information may be requested for reasons of security or to provide specific services. After registering, you can visit your profile at any time to add or remove personal information.

Transactional Information

SKY PRODUCTIVITY may retain details of transactions or payments you make on Mobile Tracker, within the limits of current legislation, and only if, in the event of having access to them with your consent.

Your location information is only accessible by you or the person legally constituted as a legal representative before SKY PRODUCTIVITY. In the event of SKY PRODUCTIVITY offering a service based on the sharing of location information, we will present you with an opt-in for you to choose whether to participate. Positioning Information

Files and records of use

The files generated, sent, stored, as well as records of resource use and functionality of Mobile Tracker are for the exclusive use of the users owning the respective accounts and cannot be transferred, copied, displayed or shared with other users without their consent.

3. Information we collect during the interaction with Mobile Tracker

Activity information on the site

We will monitor your actions on Mobile Tracker like browsing through the pages, registering your account, managing alerts, creating backups, retrieving lists of messages and SMS, among other features and functionality.

Navigation and device information

When you access Mobile Tracker from a computer, mobile phone or other device, we may collect information about the device, on the type of browser, IP address and location as well as the pages you have visited.

Cookies

We use "cookies" (small pieces of data we store for a long period of time on your computer, mobile phone or other device) to make it easier to use Mobile Tracker and to protect both you and Mobile Tracker. We also use cookies to confirm that you are connected to Mobile Tracker and when you are interacting with resources and tools. You can remove or block cookies using the settings on your browser but this can significantly affect the way you use Mobile Tracker and compromise your experience with other software, services and products from SKY PRODUCTIVITY.

4. How we use your information

We use the information we collect to try to provide a safe, efficient and personalized experience. Here are some of the details on how we can do this:

To manage the services of the Sky Productivity

We use the information we collect to provide our services and features, to measure and improve the services and features and to provide you with support as a customer. We use the information to prevent potentially illegal activities and enforce our Terms and Conditions of Use. We also use a variety of technological systems to detect and deal with the anomalous activity and prevent abuses such as spam. These efforts may occasionally result in temporary or permanent suspension or termination of some features for some users.

To contact you We use your information to better manage the communication with our users. To complete your profile We may use information we collect about you on Mobile Tracker to complete your profile. Other situations If we are notified that a user has passed away, we can allow friends and family to have access to your account history or solicit the closure of it, provided that they prove their legitimacy before the law to do so.

5. How we share your information

SKY PRODUCTIVITY shares your information with third parties when we believe that sharing is permitted by you, that it is reasonably necessary to offer our services, or when legally required to do so. Here are some situations where this can occur:

When you make a payment Once you perform transactions or make payments on Mobile Tracker, SKY PRODUCTIVITY agrees that it will only share information from transactions with third parties responsible for processing the transaction and will require that those third parties agree to respect the privacy of your information.

To help improve or promote our services Sometimes we share aggregated information with third parties to help improve or promote Mobile Tracker. But we do this in such a way that no individual user can be identified or linked to any action or specific information.

To provide you with services We may provide information to service providers who help us operate Mobile Tracker. For example, we may use third parties to help host our site, send e-mails or SMS related to the operation of Mobile Tracker, removing repetitive information from our user lists, to process payments or to provide search results or links (including sponsored links) .These service providers can access your personal information for use for a limited time but when this occurs, it is reasonable to apply the contractual and technical protections of limiting the use of this information to help us provide the Mobile Tracker service .

To offer services in association with other companies We may provide services in conjunction with other companies. If you use these services, we may share your information to facilitate this service. However, we will identify the partners and display the privacy policy before you use such services.

To respond to legal requests and prevent losses We may disclose information due to subpoenas, court orders or other requests (of civil and criminal nature) imposed by Indian law. We may also share information to prevent fraud or other illegal activities, to prevent imminent physical harm or to protect ourselves from people who try to violate our Terms and Conditions of Use. This may include sharing information with other companies, lawyers, courts or other government entities.

Transfer in case of sale or change of corporate control/shareholder If the ownership of part or all of the assets of SKY PRODUCTIVITY are acquired by another company or legal entity, we may transfer your information to the new owner so the service can continue to operate. In this case, the information would be subject to the commitments in the pre-existing Privacy Policy.

6. How we protect your information

We do our best to keep your information secure, but we need your help with regard to preserving good practices of use and secure access to the Internet.

Measures we take to keep your information secure

We keep your information protected by a firewall server. We store your critical information such as login and password in encrypted form to prevent access by third parties. We do not have access nor do we store payment information, credit cards, banking or account information on websites of payment intermediaries that may have integration with Mobile Tracker. We also use automated measures to improve security, such as behaviour analysis originating from users suspected of fraudulent or anomalous actions. We limit the use of site resources in response to possible signs of abuse. We remove inappropriate content or links to illegal content and we can suspend or terminate accounts for violations of our Terms and Conditions of Use.

Risks inherent in the use of online services in general

Although SKY PRODUCTIVITY defines privacy options that limit access to your information, please, be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information within and outside the Internet. We cannot guarantee that only authorized people will see your information. We cannot guarantee that the information you share on Mobile Tracker will not become public. We are not responsible for invasion by third parties of any privacy settings or security measures on Mobile Tracker. You can reduce these risks by using safe practices of common sense, such as choosing a strong password, using different passwords for different services, not accessing Mobile Tracker from public or shared computers and using updated antivirus software on your computer.

7. Changes

SKY PRODUCTIVITY may periodically change the Mobile Tracker Privacy Policy. When these changes are completed, SKY PRODUCTIVITY will provide a copy of the new Privacy Policy on the site mobiletracker.skyproductivity.com. You understand and agree that by accessing, browsing and/or using the pages, resources and tools on the site mobiletracker.skyproductivity.comafter the date of the Privacy Policy changes, SKY PRODUCTIVITY will treat your use as acceptance of the new updated Privacy Policy.

8. Questions

If you have any questions about privacy using Mobile Tracker or other software, services or products from SKY PRODUCTIVITY, contact us via the website http://www.skyproductivity.com. We will make every effort to answer your questions within a reasonable amount of time.

Last modified: March 08, 2012.