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TERMS OF USE

Please read these terms of use carefully.

These terms of use are binding.

Welcome to the cloud-hatch.com website (hereinafter - the “Site”, “Website”). This website is operated by Cloud Hatch, registered address: 75 Queen St. Montreal Quebec H3C 2N6 (hereinafter referred to as “We,” “Us,” “Our”, “Company”).

These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Site, the Hatch Cloud SaaS (Software as a Service) (hereinafter - the “Hatch Cloud”) and services, that are provided by Company (hereinafter collectively “Hatch Cloud Services”) made available through or in connection with the Site.

By using the Website, Hatch Cloud and/or Hatch Cloud Services, you agree to be bound by the following Terms of Use.

The integral parts of these Terms of Use are Privacy Notice and Cookie Policy.

your use of the site, Hatch Cloud and/or Hatch Cloud services signifies that you agree to these tou and constitutes your binding acceptance of these tou, including any modifications that we make from time to time. we will inform you about any modifications that occur in the essential parts of the tou and will ask implied consent. this means that if you continue to use the software and the Hatch Cloud services, you agree with these modifications.

DEFINITIONS

Hatch Cloud

- A geolocation SaaS (Software as a Service) allowing any individual acting in a private capacity to locate a mobile phone with the prior consent of the holder of the telephone number whose location is sought.

Subscription

– 주기적으로 Hatch Cloud 사용에 대한 반복 결제

Target device

– A smartphone, tablet, mobile phone or another similar device, which is tracked by you through Hatch Cloud.

Payment information

– Full username, credit / debit card number, CVV, card expiry date and other information you may need to pay for Hatch Cloud.

Payment service provider

– Hatch Cloud의 결제를 처리하는 금융 기관 .

Subscription month

– Paid subscription period that consists of one calendar month.

GENERAL PROVISIONS

You are required to create an account on the Site for purchasing and usage of Hatch Cloud. For the account creating you have to provide your email address, password and Payment information.

When placing the order for the Hatch Cloud, you acknowledge and agree that you are 18 years of age or older.

You are aware that We are not responsible for any third-party data leak in databases and/or DSN servers.

You will not use the Site or Hatch Cloud in violation of any laws you are subject to. Notwithstanding the foregoing, We are not responsible for the further use of the Hatch Cloud and it’s your sole responsibility.

You will properly follow all instructions and documentation provided by us to you at the Website.

You will not allow any other third party to access your account or to utilize the Hatch Cloud. In case access to your account has been granted to a third party deliberately, or by mistake, or in any other way without your consent, you acknowledge that we don’t bear the responsibility.

You may not share or transfer any account. You may not disclose your password to anyone else.

You must notify us immediately of any breach of security or unauthorized use of your account or if you believe that an account password may have been compromised.

We will not be liable for any losses caused by any unauthorized use of your account.

We reserve the right to modify, terminate, or refuse the Hatch Cloud Services to anyone for any reason and without notice at any time.

You understand that we, in our sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the functionality of the Hatch Cloud. In this case, the information you may have already accessed will become unavailable without prior notice.

In case you have any technical question, please contact customer service at 911@cloud-hatch.com.

Once your subscription has been confirmed, all you have to do is indicate the number of the mobile phone you wish to geo-locate ("Recipient"). An SMS is then sent to the Recipient containing the message that You will have previously written and stating his wish to geo-locate the mobile phone in question. The Recipient is then free to accept or refuse this request, at his or her sole discretion. You acknowledge that We are not able to guarantee that the Recipients will accept your geo-location request, and that any refusal will not give rise to any liability or right to any reimbursement whatsoever on Our part in respect of You. The recipient of the SMS can be your own phone or your children"s phone as long as they are under 18 and persons you have authorized to trace their mobile.

We may propose and resale third-parties’ products (software, mobile application, etc.). You may buy it with or separately from main subscriptions. Terms and conditions, privacy matters, end-user license agreement, etc., that are related to using of such third-parties’ products will be provided by such third parties and you can find it via links, specified on appropriate pages of Website. You aware that We are not responsible for such third-parties’ products and your using of such products is only your sole responsibility, even if we recommend it. If you have any questions about third-parties’ products, its usage, problems with installing, error fixing, etc., you should send your request to an appropriate provider. We don’t assist in matters on how to install and how to use these products, however, you may get necessary information from the appropriate provider. Under your request we will provide you urgent contact data. For billing and other financial matters, you have to get in touch with us via e-mail 911@cloud-hatch.com. For getting and installing third-parties’ products, you have to follow instructions that you will receive after you make a payment. These instructions will appear on the Website and/or will be sent by e-mail.

We try to help all of our users. You may get in touch with us about any matters, which belong to Hatch Cloud via Live Chat or e-mail. Our assistance via Live Chat and e-mail are absolutely free for you.

You are aware, that Target device should be complied with the following:

• Access to the Internet (mobile connectivity or Wi-Fi connection);
• GPS availability.

Legal aspects of service operation: Requesting location data is only allowed for your own phone, your children"s phone as long as they are under 18 and persons you have authorized to trace their mobile. Tracing someone else"s telephone without explicit permission is in violation of the law and is therefore strictly forbidden. Also, in cases of urgency such as in case of missing, tracking without permission is not allowed. When Hatch Cloud learns that you have violated these rules your account is blocked and a notification made to the correct authority. Your remaining credits will then no longer be valid.

SUBSCRIPTION AND BILLING PROCEDURE

To subscribe to the Hatch Cloud, you should place the order after an account registration.

While placing the order, you should complete the Payment Information.

The price of the Hatch Cloud subscription is as follows:

• During the first 24 hours after registration, You are entitled to test Hatch Cloud for an amount which is specified on the Site ("Trial Period");
• At the end of these 24 hours, subject to termination within this period, a subscription is automatically taken out on a monthly basis for a monthly amount, which is specified on the Site. Subject to termination, this subscription is automatically renewed from month to month and the card used is automatically debited.

Subscription automatically renews unless auto-renewal is turned off at least 24-hours before the end of the current subscription month. We can charge you for the future payment subscription, if you didn't turn off automatic renewal in your account in the section “Billing”.

In case you didn't turn off automatic renewal, you will be charged for the next subscription period at the start of the next period. You can cancel a subscription through your account or with assistance of our support team via e-mail. You understand and confirm that if you forget to disable auto-renewal for new subscription period, it will not be a reason for a refund.

During a subscription payment you can purchase additional services. Payment price and conditions depend on chosen Services.

The above prices are inclusive of all taxes.

All accounts are set up on a prepaid basis. We must receive payment before any billable product or service is provided and/or activated. You are required to keep valid credit/debit cards on file to charge for any recurring monthly subscription fees and one-time or multi-pay fees. You are responsible for keeping all credit/debit card details and contact information current while using the Hatch Cloud.

Your subscription is NOT based on how much you use (or do not use) the Hatch Cloud, but instead is based on the availability of Hatch Cloud.

After payment execution for a subscription, you will receive a payment notification from us. All your receipts are available by request.

Methods of payment.

We will accept any payments via all major debit/credit cards. Payment by any other means, such as check or wire transfer, requires explicit written consent, which shall be given in our sole discretion. To make a payment, you have to specify your Payment Information. Payment is made through Our Site in US Dollars by credit card (Visa, MasterCard, American Express). The Site is equipped with a secure online payment system enabling you to encrypt the transmission of his bank data. As part of Our payment process, We use an external supplier, Stripe, and do not store any data relating to your details and bank cards. For more information on this subject, We invite You to read our Privacy Notice.

Please note, that Stripe processes payments on behalf of the Company in Canada.

Refunds and returns.

We warrant refunds in case you are not satisfied with the Hatch Cloud for any reason. But this does not mean that refunds may be offered in all cases. Your eligibility for a refund may depend on how much time has passed since the transaction, etc. You have the right to refund your funds within 14 calendar days from the payment day. But if you successfully used Hatch Cloud within Trial period and you didn't turn off an automatic renewal, you were charged for full price and continued to use Hatch Cloud, you are deprived the right for refund.

SECURITY

We care about the integrity and security of your personal information.

You acknowledge that you willingly provide your personal information to Company and the Payment Provider while placing the order for the Hatch Cloud.

Please, kindly read our Privacy Notice for more details about our rules of personal data processing and its secure storing.

We do not control, monitor and/or are not aware of how the user exploits the Hatch Cloud. We may not be held responsible for the inappropriate use of thereof. It is at a user’s risk and responsibility.

You acknowledge that we don’t encourage our users to exploit the Hatch Cloud illegally.

END USER LICENSE CONDITIONS

Scope of License: The Company grants you a limited, non-exclusive, non-transferable revocable license (hereinafter – the License) to use the Hatch Cloud .

Hatch Cloud is Designed for Legal Use only. The Hatch Cloud is designed for legal use. You acknowledge that We are not able to guarantee that the Recipients will accept your geo-location request, and that any refusal will not give rise to any liability or right to any reimbursement whatsoever on Our part in respect of You. The Company cannot provide legal advice to you regarding your use of the Hatch Cloud. You should consult your own legal advisor with respect to legality of using the Hatch Cloud in the manner you intend to use it prior to using the Hatch Cloud.

License. It is understood and agreed that the Company is the owner of all right, title, and interest in and to the original, and any copies of the Hatch Cloud and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of the Company. You, as a licensee, through your use of the Hatch Cloud do not acquire any ownership rights to the Hatch Cloud. The Hatch Cloud is protected by copyright laws and international copyright treaties. The rights granted in this license are limited to the right to use the Hatch Cloud and do not include any other intellectual property rights.

You agree that you may not and will not: (i) sell, lease, rent, license, sublicense, redistribute, assign or grant the Hatch Cloud; (ii) decompile, disassemble, or reverse engineer the Hatch Cloud, in whole or in part; (iii) write or develop any derivative software, make attempt to derive the source code of, modify, or create derivative works of the Hatch Cloud, any updates, or any part or any other software program based upon the Hatch Cloud; (iv) provide, disclose, divulge or make available to, or permit use of the Hatch Cloud by any third party without the Company prior written consent; or (v) copy the Hatch Cloud.

Any attempt to do so is considered as a violation of the ToU and the rights of the Company and/or other copyright owners. If you breach this restriction, you may be subject to legal actions and damages.

If you violate requirements mentioned above, you will be responsibility according to applicable law and international treaties on intellectual property rights and copyrights protection, and derivative software that was developed will be belonged to the Company from the moment of its creation.

The Company may provide upgrades, modifications, updates, or additions (hereinafter – the Modifications) to the Hatch Cloud during the term of the License. The terms of this ToU shall be applied to any such Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will be applied .

For Hatch Cloud using it may be necessary an internet connection. The Company will not be responsible, if you are not able to get access to the Hatch Cloud due to problems with internet connection or its absences.

Term and Termination: The term of this License runs concurrently with the term of your subscription plan, which is the period during which you are authorized to use the Hatch Cloud. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of this ToU or your subscription period expires.

INTELLECTUAL PROPERTY

Trademarks. Logo of Hatch Cloud is a trademark/service mark that is used by Hatch Cloud.

Unauthorized use of Hatch Clouds trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws .

Copyright. All intellectual property rights in the Site and Hatch Cloud belong to and is vested in Company or its licensors, and are protected by the applicable law and international copyright laws.

You may not use or reproduce any part of this web site or the materials contained within it in any manner without first obtaining the prior written permission of Hatch Cloud.

Any images that appear on this website with an acknowledgement to the Licensed Material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction, or other use of the Licensed Material.

LIABILITY AND WARRANTIES

To the maximum extent permitted by law, company, its affiliates, licensors, and business partners (collectively, the “related parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site and\or the Hatch Cloud, even if we and/ or related parties have been advised of the possibility of such damages.

Without limiting the foregoing, in no case shall the liability of the company or any of the related parties exceed the greater of $50 or the amount that you paid to us or our designees during the six (6) months prior to the time the cause of action giving rise to liability arose.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Company and its affiliates shall be limited to the fullest extent permitted by law.

We are not responsible for using the Hatch Cloud and/or site by users unlawfully and with unlawful aims. the Hatch Cloud and/or services are provided and developed with security aims only and cannot be used with violation of rights, freedoms and interests of third parties. we don’t know and cannot know how users use the Hatch Cloud and/or services. if you become aware that the Hatch Cloud and/or services are used or were used unlawfully, you can notify us and we will adopt the best efforts to stop the unlawfully Hatch Cloud and/or services using.

We are not responsible for the use of third-party products which have been purchased on the website (except the issue of payments). all claims and requests about use, installation, error correction, removal, reinstallation, access and otherwise, should be sent to providers of such products.

The site and the Hatch Cloud are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. we make no warranty as to the accuracy, completeness or reliability of any content available through, or the performance of, the site or the Hatch Cloud. you are responsible for verifying any information before relying on it. use of the site and/or the service is at your own risk. we do not warrant that you will be able to access or use the site and/or service at the times or locations of your choosing; that the site or the service will be uninterrupted or error-free; that defects will be corrected; or that the site or the service are free of viruses or other harmful components.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

MISCELLANEOUS

You agree to indemnify, defend, and hold the Company and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site and Hatch Cloud or any breach by you of these ToU or any other policies that we may issue for the Site and/or Hatch Cloud usage from time to time.

We may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.

You may not assign the ToU without our prior written consent, and any unauthorized assignment by you shall be null and void.

If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

Failure or delay by the Company to enforce compliance with the ToU does not constitute a waiver of these ToU.

By using our Site and/or the Hatch Cloud you confirm that you have read and consent to these Terms of Use as well as Privacy Notice and Cookie Policy.

We may revise these Terms of Use, Privacy Notice and Cookie Policy at any time, without notice, and the new versions will be available on the Site.

If at any point you do not agree to any portion of these Terms of Use, you should immediately stop using the Site and/or Hatch Cloud.

The express waiver by Hatch Cloud of any provision, condition, or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

All notices given by you or required under this ToU shall be written and addressed to:

• Technical requests shall be addressed to 911@cloud-hatch.com
• Legal requests shall be addressed to

All Policies and other documents, which are placed on the Site, are integral parts of these Terms of Use.

The Hatch Cloud is offered with the understanding that we may terminate any subscription and/or your access to the Hatch Cloud at any time, for any appropriate reason, including without limitation for any violation of these ToU.

We reserve the right to deny service to, or if applicable, terminate the service of any user, including without limitation a user that attempts to monitor the device of an individual, who has not provided their consent. In this case, we reserve the right to block all accounts associated with such potential violating user.

These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.

This ToU is regulated by the laws of Canada. Any disputes should be resolved by the appropriate courts of Canada.

In case the laws of your state or country do not permit you to use the Hatch Cloud, hereof you acknowledge and agree that it is upon your responsibility.

The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.

For more information, please contact us by email 911@cloud-hatch.com