Terms of Use

AGREEMENT FOR SOFTWARE AND STAFFCOUNTER.NET SERVICES

NOTICE TO USER:

YOU MUST READ THIS AGREEMENT CAREFULLY AT YOUR OWN RESPONSIBILITY. BY COPYING, INSTALLING, OR USING ANY PORTION OF THE SOFTWARE (SW), YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS EQUIVALENT TO ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER.

THIS SOFTWARE AND SERVICES AGREEMENT (THE “AGREEMENT”) IS AN AGREEMENT BETWEEN YOU AND TESLINE-SERVICE (SRL) LTD (HEREINAFTER “TESLINE”) REGARDING YOUR USE OF TESLINE SOFTWARE AND SERVICES (THE “SOFTWARE AND SERVICES”). THE TERMS OF THIS AGREEMENT ALSO APPLY TO ANY UPDATES, SUPPLEMENTS, INTERNET-BASED SERVICES, AND SUPPORT SERVICES FOR THE SOFTWARE PROVIDED BY TESLINE, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND TESLINE. BY CLICKING THE “I AGREE” OR “YES” BUTTON, OR USING THE SERVICE OR INSTALLING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SOFTWARE.

The Software is an Internet control and personal computer (PC) usage intensity monitoring product that consists of client software installed on Your personal computer that intercepts Internet-bound traffic and sends it to TESLINE servers for categorization.

Through our Software, You can monitor the intensity of PC use for devices that You own (or have other legal ownership of). The Software retains all results of PC user activity within a defined period. This may include everything displayed on the screen during use, all keyboard input, as well as audio and video recordings (including PC peripheral activity). All such data comprises the “Activity Journal.” Our web service enables the recording and storage of all data on our server as the repository for the “Activity Journal.” To store the “Activity Journal,” a user must create an account on the web service www.data.staffcounter.net, and the program must be configured to send the “Activity Journal” to our site.

1. Software, Services, Installation, and Use. The Software and Services include personal computer desktop software and access to related Internet services, including but not limited to website categorization, user profiles, and usage reporting.

1.1. TESLINE hereby grants You a nonexclusive, nontransferable license to use a binary version of the Software and access our site Services solely for Your use, and solely in accordance with the terms and conditions of this Agreement during the Service Period defined below. You may install one copy of the Software on each personal computer in Your home, each of which will be referred to as a licensed computer.

1.2. You must provide TESLINE with accurate and truthful registration information, including, but not limited to, Your name, address, telephone number, and email address, and keep Your registration information current during the Service Period defined below.

1.3. TESLINE unilaterally reserves the right to make continuous innovations to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Software and Services which TESLINE provides may change from time to time without prior notice to you. As part of this ongoing innovation, you acknowledge and agree that TESLINE may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at TESLINE’s sole discretion, without prior notice. You may stop using the TESLINE Software and Services at any time. You do not need to specifically inform TESLINE when you stop using the Software and Services. TESLINE may at any time without notice or liability restrict the use of the Software and Services or limit its availability to perform maintenance activities.

2. Internet-Based Services. TESLINE includes Internet-based services as an integral part of the Software and Services. You may not use the Software or the Internet-based services in any way that could harm them or impair any other user’s use of these services. You may not use these services to gain or attempt to gain unauthorized access to any service, data, account, or network by any means. You may not use the services and the Software for commercial purposes or for profit generation. You may not use these services and Software as part of, element of, or constituent part of any offence, crime, or other abuse of rights and civil interests.

3. Service Period

* The Service Period for free Services shall begin on the date you provide registration information for the Service and shall continue unless terminated by You or until TESLINE no longer makes the Service available.

* The Service Period for paid Software and Services shall begin on the date of purchase and shall last for the period specified in the applicable transaction documentation from the authorized reseller from which You purchased the Service. Upon expiration or termination of the Paid Service period, if not renewed for the set purchase price, the Paid Services may automatically stop, and You will be able to use the free version of Software and Services.

4. Scope of License.

4.1. The Software is licensed, not sold. TESLINE shall retain all right, title, and interest in the Software and Services, including without limitation all intellectual property rights embodied therein. You do not acquire any rights, express or implied, in the Software and Services, other than those specified in this Agreement. You may not distribute, sublicense, rent, or lease the Software or use the Software except as provided under this Agreement. You agree not to cause or permit the reverse engineering, disassembly, decompilation, or other attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in, or to derive the source code of the underlying ideas, algorithms, structure, or organization from the Software and Services, except to the extent required by law (provided there is written consent from TESLINE).

4.2. You may not use the Software or the Internet-based services to upload, transmit, or transfer any data, information, materials, or content to TESLINE or any third party other than transmissions or transfers of information necessary for the intended use of the Software and Services. You also agree not to use the Software and Services for any unlawful or improper purpose. Specifically, You agree that your use of the Software and Services will comply with the local laws applicable to You and will not contradict mandatory provisions of the law of the Republic of Moldova.

5. Data Collection and Protection.

From time to time, the Software and Services may collect certain information from Your computer, which may include:

– Information regarding installation of the Software. This information indicates to TESLINE whether installation was successfully completed and is collected for evaluating and improving TESLINE’s product installation success rate. This information will not be correlated with any personally identifiable information.

– The name given, during initial setup, to the computer on which the Software is installed. If collected, the name will be used by TESLINE as an account name for such computer under which You may elect to receive additional services and/or use certain features of the Software.

– Other general, statistical information used for product administration and analysis, and for improving product functionality. This information will not be correlated with any personally identifiable information.

– Various information related to data collected by the Software, according to its operation principles including: passwords, logins, usernames, images, pictures, records, video and audio files, telephone numbers, accounts, codes, addresses (including emails), data related to time, intensity and number of visits to certain sources, information related to intensity of PC use, information viewed or saved on a PC, and any other information of personal, confidential, anonymous, and/or private nature.

TESLINE may disclose collected information if required by law enforcement officials as required or permitted by law or in response to a subpoena or other legal process. To promote awareness, detection, and prevention of Internet security risks, TESLINE may share certain anonymous security information with research organizations and other security software vendors. TESLINE may also use statistics derived from the information to track and publish reports on security risk trends. By using the Software, You acknowledge and agree that TESLINE may collect, transmit, store, disclose, and analyze such information for these purposes.

You should consider applicable data protection laws in your country/area regarding the use of our product (Software).

According to applicable law, you (as a data controller – processor) might be obliged to obtain written permission from the data subject (owner or other person whose data is collected or processed). Such persons could include your spouse or adult children during home use of our product, or employees of your company (department, unit) when our product is used by a company. You should notify such persons that their use of your PCs is limited to their job tasks or official duties (as per labor contract).

The aforementioned permission may not be necessary if the collected (processed) data are anonymized. Thus, you should always strive to anonymize collected data and/or maintain the confidentiality of respective persons as much as possible.

Regarding personal data protection, while using our Software you should implement necessary organizational and technical measures to protect personal data against illegal or accidental access, elimination, modification, blocking, copying, distribution, and other wrongful acts.

In all cases and circumstances, as long as you use our Software, you should note that we merely provide the Software (product), and you are the user of that Software, and respectively, the processor of personal data at your own risk and responsibility. Your use must comply with applicable data protection laws.

6. Technical Support. TESLINE is not obligated to provide technical support or maintenance for the Software or Services. However, certain technical support features may be offered. If such features are offered and You choose to access such support, note that any support shall be provided at TESLINE’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software, and programs before utilizing support. TESLINE reserves the right to refuse, suspend, or terminate any support at its sole discretion without any justification.

The Service Period for free StaffCounter Web Services shall begin on the date you provide registration information for the Service and shall continue unless terminated by You or until TESLINE no longer makes the Service available.

The Service Period for paid StaffCounter Web Services shall begin on the date of purchase and shall last for the period specified in the applicable Web Services Fee documentation from TESLINE.

7. Disclaimer of Warranty. The software and services are provided “as is” and “as available.” TESLINE disclaims all conditions and warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, in no event and under no legal theory shall TESLINE be liable to you for any direct, consequential, special, incidental, punitive, or indirect damages of any kind arising out of or related to this license, even if TESLINE has been advised of the possibility of such damages.

Considering the necessity of compliance with data protection laws, You shall:

a) Install and/or use the Software and Services only on personal computers (and/or other technical facilities and equipment) exclusively owned by You with clear title to monitor the activity of your equipment use;

b) Keep the legal user informed about activity and data collection monitored on Your PC, provided there is notification that Your PC use is solely in accordance with its intended use under actual relationship between You and potential user;

c) Take all measures to completely identify a potential user to implement the stated condition; if user identification is impossible, You shall not permit PC use or Software installation;

d) Inform potential users about prohibition to use PC (with the Software) for purposes other than its intended use, under established legal relationship that implies inadmissibility of processing, storing, transmitting user’s personal information or information specified in Section 5 of this Agreement. If a legal user is a minor, installation and use of the Software is permitted only if You are an adult first-degree direct relative of the user (user’s ancestor), user’s guardian, or other legal representative; otherwise, You shall notify the minor’s legal representative according to the conditions stated above;

e) Not use information obtained through the Software to the detriment of or against the will of the user or third parties who own, may own, or may be related to the information obtained;

f) Not use the Software for personal gain, and not use the Software in a way that contradicts applicable law, even if the Software design and technical specifications allow it, and You shall not use the Software in violation of third parties’ rights and legal interests but respect their rights to personal data protection.

8. Republic of Moldova Government Restricted Rights. The Software is deemed to be commercial computer software as defined in Law No. 467-XV of 21.11.2003 on informatization and state information resources, Law No. 17-XVI of 15.02.2007 on personal data protection, and any successor regulations. Any use, modification, reproduction, release, performance, display, or disclosure of the Software by the Republic of Moldova Government shall be solely in accordance with the terms of this Agreement.

You shall, at Your discretion, reveal any installation or PC use restrictions according to applicable legislation and agree to comply with requirements of all applicable international, national, state, regional, and local laws, as well as laws and regulations of independent states, including any applicable import and use restrictions.

By downloading, installing, or using the Software or Services, You agree to the foregoing and all applicable export and import control laws. You also warrant that You are not under the control of, located in, or a resident or national of any prohibited country or on any lists above. The information on export laws provided herein is not necessarily complete.

9. General Terms. This Agreement will be governed by and construed under the laws of the Republic of Moldova, without giving effect to such state’s conflict of laws principles. Any legal action or proceeding related to this Agreement shall be instituted in the territory of the Republic of Moldova or the user state (party) or the country of violation, at TESLINE’s discretion. TESLINE and You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You will not export the Software or any direct product thereof, directly or indirectly, in violation of RM export control laws and other applicable export and import laws or use the Software and Services for any purpose prohibited by these laws. If any provision of this License is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this License. No amendment to this License will be binding unless evidenced by a writing signed by the party against whom it is sought to be enforced. No waiver by either TESLINE or You of any breach or default under this License shall be deemed to be a waiver of any other breach or default under this Agreement.