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 ALMOND INVESTIGATION AGENCY, INC. (“AIA”). 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 AIA 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 AIA. 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

AIA 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 AIA, 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 one device. A valid license must be purchased for each device on which the Software is to be installed. If USER installs the Software on a device that allows more than one person to simultaneously access the device at the same time, the Software must be licensed as a Terminal Server. Terminal Server licensing requires that a license be purchased for each person utilizing the Terminal Server. AIA reserves the right to suspend service to any account if it determines, at its sole discretion, that the USER has installed the Software on a device that should have been licensed as a Terminal Server.

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 AIA. 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 AIA reserves all rights that are not expressly granted herein.

USER acknowledges that the Software is intended to be and will be used within the United States and its territories only and will not transfer or provide the Software to anyone outside the United States unless authorized by this Agreement and in accordance with the United States and International Laws concerning export of this product.

TRANSFER RESTRICTIONS

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

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 “AIA Parties”), or any other customer of an AIA 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 AIA.

The USER shall at all times be liable for any fees, penalties, or other costs incurred by AIA 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 seven (21) days. USER may opt to, for an additional fee, increase the period of time AIA stores their data. Should the User desire to have their data remain on AIA’s servers for a longer period of time, User can purchase additional data storage at AIA’s then-current prices. Should User’s data storage requirements exceed reasonable amounts, AIA reserves the right to, at AIA’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 AIA cannot be held liable in any way for the loss of recorded data.

STORAGE OF RECORDED DATA

The Service includes the storage of data that is recorded by the software for seven (21) days. USER may opt to, for an additional fee, increase the period of time AIA stores their data. Should the User desire to have their data remain on AIA’s servers for a longer period of time, User can purchase additional data storage at AIA’s then-current prices. Should User’s data storage requirements exceed reasonable amounts, AIA reserves the right to, at AIA’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 AIA cannot be held liable in any way for the loss of recorded data.

PRIVACY

AIA 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 AIA, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

LIMITATION OF LIABILITY

USER AGREES THAT IN NO EVENT SHALL AIA, 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 ATI 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 AIA, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE AND/OR THIS LICENSE.

UPDATES TO THIS AGREEMENT

AIA reserves the right to change this Agreement at any time by publishing the revised Agreement on the AIA 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. AIA 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 AIA 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 AIA with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. AIA 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 AIA. 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 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.

About Us

Almond Cyber Genius. We are a customer-centric organization that values its strong relationships, we are forged on a commitment to deliver the very best and uniqueness in investigation and monitoring services – all leveraged through a superior quality workforce and a technology infrastructure that is second to none.

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