Last updated: 2023
By accessing or using the applications and services owned or operated by | inthesk |, whether through our software applications or website (our “Services”), you accept and agree to be bound by the terms and conditions set forth below. (“these terms”).
We may update these Terms from time to time, so please review them frequently. For Inthesk customers who accepted a version of this Agreement prior to the modification, revisions will be effective 30 days after posting. Your continued use of | inthesk | Services means you accept the changes. However, once you accept a version of the Agreement, we will not implement future material changes without your express consent. If you are asked to accept material changes to this Agreement and refuse to do so, you may not be able to continue using the | inthesk | Services.
As our Services continue to evolve, we may change or discontinue all or part of the Services, at any time and without notice, in our sole discretion. For residents of certain countries, you agree to the arbitration agreement and class action waiver described in Section 23 to resolve disputes with | inthesk |.
Subject to your compliance with these Terms, | inthesk | grants you a limited, non-exclusive, non-transferable license to download and install one copy of our Windows application or mobile software (the “Application”) on a single device that you own or control and to run such copy of the Application and use our Services solely for your own personal, non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the Application or the Services; (ii) distribute, transfer, sublicense, loan or lease the Application to any third party; (iii) reverse engineer, decompile or disassemble the Application; or (iv) make the functionality of the Application or the Services available to multiple users through any means.
2. Downloading our application
When you download our app from the Apple App Store, Google Play or other app shop or app distribution platform (an “App Store”), you acknowledge and agree that:
2.1 These Terms are concluded between us, and not with the App Store, and that we (not the App Store) are solely responsible for our Application.
2.2 The App Store has no obligation to provide any maintenance and support services with respect to our Application or to handle any warranty claims.
2.3 The App Store is not responsible for addressing any claims you have related to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to comply with any applicable legal or regulatory requirement.
2.4 The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as they relate to your licence of our App through its App Store). You must also comply with the App Store’s terms of service when using our App.
3. Creating an account
To use certain features of our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is true and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any use of your account. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or user name of any other user; (b) permit any other person to use your account or user name; or (c) sell, loan, transfer or share your account, temporarily or permanently, with any other person. If you violate these Terms,
We may allow you to purchase | inthesk | hardware products (“Products”) through our Services. We may also require you to purchase a subscription to use certain features of the Services or obtain certain benefits (a “Premium Membership”). By purchasing Products or a Premium Membership (each, a “Transaction”), you expressly authorize us (or our third party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, the expiry date of your credit card, and your email and postal addresses for billing and notification purposes (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by the Payment Information you provide to us. You acknowledge and agree that we have no liability with respect to any act or omission of your payment provider. When you initiate a transaction, you authorise us to provide your Payment Information to third parties so that we can complete your transaction and charge your payment method for the type of transaction you have selected (plus applicable taxes and other fees). You may be required to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You authorise us to provide your payment information to third parties so that we may complete your transaction and charge your payment method for the type of transaction you have selected (plus applicable taxes and other fees). You may be required to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You authorise us to provide your payment information to third parties so that we may complete your transaction and charge your payment method for the type of transaction you have selected (plus applicable taxes and other fees). You may be required to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
5. Premium membership
If you purchase a Premium Membership, you will be charged a subscription fee, plus applicable taxes and other charges (a “Subscription Fee”), at the beginning of your Premium Membership and at the beginning of each billing period thereafter, at the then-current Subscription Fee. You may have the option to pay your Subscription Fee monthly (a “Monthly Subscription”) or annually (an “Annual Subscription”). If you have a Monthly Subscription, we (or our third party payment processor) will automatically charge you each month on the anniversary of the start of your Monthly Subscription, using the Payment Information you have provided until you cancel your Monthly Subscription. If you have an annual Subscription, we (or our third party payment processor) will automatically charge you annually on the anniversary of the start of your annual Subscription, using the Payment Information you have provided until you cancel your annual Subscription. If you have an annual Subscription, we will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. We reserve the right to change our subscription rates for monthly and annual subscriptions. We will notify you in advance of any increase in the Subscription Fees applicable to your Premium Membership. We will send you a reminder at least thirty (30) days prior to each renewal at the then current Subscription Fee. We reserve the right to change our Subscription Fees for monthly and annual subscriptions. We will notify you in advance of any increase in the Subscription Fees applicable to your Premium Membership. We will send you a reminder at least thirty (30) days prior to each renewal at the then current Subscription Fee. We reserve the right to change our Subscription Fees for monthly and annual subscriptions. We will notify you in advance of any increase in the Subscription Fees applicable to your Premium Membership.
You can change your monthly subscription to an annual subscription by contacting us at email@example.com, or through the relevant App Store where you downloaded the app, if you registered through the app. If you change or upgrade your subscription, your billing date may also change. If you switch from a Monthly Subscription to an Annual Subscription, on your next billing date, you will be charged the then-current Subscription Fee for an Annual Membership, and your Annual Subscription will renew annually. If the option to upgrade from an Annual Subscription to a Monthly Subscription is available and you upgrade to a Monthly Subscription, on your next Annual Subscription renewal date, you will be charged the then-current Subscription Fee for a Monthly Membership, and your Monthly Subscription will renew monthly. If you upgrade your subscription from an Inthesk Premium Subscription to an Inthesk Premium Protect Subscription, you will be refunded a pro-rata amount for the time remaining (if any) on your existing Inthesk Premium Subscription and then charged for the full annual Premium Protect Subscription. Your new Premium Protect Subscription will automatically renew one year after the date of your upgrade.
For important information on the | inthesk | Premium Protect Warranty Programme, please refer to Section 19 of this document.
6. Cancellation of a premium membership
YOUR PURCHASE OF A PREMIUM MEMBERSHIP IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND AT ANY TIME. But if something unexpected happens in the course of completing the Transaction for your purchase of a Premium Membership, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we will refund any payments you have already remitted to us for that Transaction.
Without limiting the foregoing, you may cancel your Premium Membership at any time, but please note that such cancellation will be effective at the end of the then current Monthly or Annual Subscription period. If you registered through the App, you may cancel your Premium Membership through the applicable app shop where you downloaded the App. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus applicable taxes and other charges) incurred during the current subscription period. If you cancel, your Premium Membership will continue until the end of your current subscription period and then terminate without additional charges.
7. Free trials
We may offer you a free trial period at the start of your Premium Membership (a “Free Trial Period”). The Free Trial Period for your Premium Membership will last for the period of time specified when you signed up. When you try our Premium Membership through a Free Trial Period, you must create an account and provide your payment information. By accepting a free trial period, you agree that, at the end of the free trial period, you will be charged the then-current subscription rate for a monthly or annual subscription, as specified in the offer for the free trial period, and at the beginning of each subsequent billing period. You authorise us to charge you using the Payment Information you provided when you accepted the Free Trial Period offer. We may validate your Payment Information and the Payment Method you provided by requesting a temporary authorization from the financial institution that issued your Payment Method. If we determine that your Payment Information or payment method is not valid, we may revoke your Premium Membership and terminate your Free Trial Period. You may cancel your Premium Membership, as described in these Terms, at any time before the end of the Free Trial Period. You will not be charged a subscription fee after you cancel your Premium Membership. You may cancel your Premium Membership, as described in these Terms, at any time before the end of the Free Trial Period. You will not be charged a subscription fee after you cancel your Premium Membership. You may cancel your Premium Membership, as described in these Terms, at any time before the end of the Free Trial Period. You will not be charged a subscription fee after you cancel your Premium Membership.
8.Privacy and consent to use data
You agree that | inthesk | may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, which is collected periodically to facilitate the provision of software updates, product support and other services to you. (if applicable) related to | inthesk | products and services. | inthesk | may use this information to improve its products or to provide services or technologies to you.
9. Alerts and notifications
As part of the Services we provide, you may (if enabled) receive automatic notifications, text messages, alerts, emails or other types of messages sent directly to you outside or within the App (“Push Messages”). You have control over the Push Messages settings and may choose whether or not to receive these Push Messages through the Services (with the possible exception of important and infrequent service announcements and administrative messages). Please note that third party messaging rates may apply for some of the Push Messages, depending on the messaging plan you have with your wireless service provider.
10. Content you provide
You are responsible for the content, such as any text, images and other material and information, that you upload or post to our Services (your “Content”), and its legality, reliability and appropriateness. You must only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content, you grant us the right and license to store, reproduce, modify, create derivative works from, publish, distribute, transfer, transmit, publicly display, publicly perform and use your Content in connection with the provision of our Services. You agree that we may also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
We have the right (but not the obligation) to review any or all of your Content and to remove (or modify) any of your Content from our Services for any reason, including if we believe, in our sole discretion, that your Content violates these Terms, or that we believe it threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. To cooperate with governmental requests, subpoenas or court orders,
12. General prohibitions
Agree not to do any of the following:
12.1 Use the Services or Content for any commercial purpose or for the benefit of a third party or in any manner not permitted by these Terms;
12.2 Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
12.3 Intercept or “sniff” communication packets between | inthesk | hardware and mobile devices or attempt to reverse engineer the | inthesk | Bluetooth Low Energy profile or the | inthesk | protocol; 12.4 Access, tamper with or use non-public areas of the Services, Inthesk’s computer systems or the technical delivery systems of Inthesk’s suppliers; 12.5 Interfering with or attempting to reverse engineer Inthesk’s Bluetooth Low Energy profile or the Inthesk protocol;
12.5 Interfering or attempting to interfere with the access of any user, host or network, including, but not limited to, sending viruses, overloading, flooding, spamming or mail bombing the Services;
12.6 Attempt to access or search the Services or Content or download Content from the Services by using any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than software and/or search agents provided by Inthesk or other generally available third party web browsers;
12.7 Post or transmit any Content that: (i) infringes, misappropriates or violates a patent, copyright, trademark, trade secret, moral rights or other intellectual property rights of a third party, or rights of publicity or privacy; (ii) violates or encourages any conduct that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that threaten any person or entity; or (vii) promotes illegal or harmful activities or substances;
12.8 Violate any applicable law or regulation, including by stalking, harassing or tracking others for unlawful or criminal purposes.
Encourage or permit any other person to do any of the above.
If you or anyone using your | inthesk | account violates these rules and fails to resolve this violation after a warning, | inthesk | may take action against you, including revoking access to certain or all | inthesk | Products and services or terminating your | inthesk | account as described in Section 17. In the case of serious violations, | inthesk | may take these actions without issuing a prior warning. Where possible, | inthesk | will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
13. Copyright policy
It is our policy to remove or disable access to copyright infringing material from our Services after we are notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted via our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
13.1 an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright;
13.2 an identification of the copyrighted work that you claim has been infringed;
13.3 a description of where the material that you claim is infringing is located on our Services;
13.4 your address, telephone number and email address;
13.5 a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
13.6 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent by email to firstname.lastname@example.org.
14.Third party links
Our Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under our control and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We provide these Third Party Links to you only as a convenience, but do not imply any endorsement or recommendation of their content or services, or any association of us with such third parties. If you access any of these third party links, you do so at your own risk and any charges or liabilities you incur in your dealings with these third parties are your responsibility. Websites available through third party links are subject to their own terms and policies,
You acknowledge that all intellectual property rights in our Products, Applications and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users), and are protected by law at all times. the world. If you provide us with suggestions, ideas, comments or recommendations regarding our Products, Applications or Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with your Feedback, you grant us a worldwide, perpetual, irrevocable, fully paid-up, royalty-free license to use and exploit all Feedback in any manner.
| inthesk | may allow or require you to download updates or patches to your | inthesk | device or application. Certain updates may be required to continue using | inthesk | products and services. You agree that will automatically install available updates for | inthesk | products and services. Failure to install available updates may render | inthesk | products and/or services unusable.
You may terminate your account at any time by deactivating your account or by notifying us of the termination. We reserve the right to terminate or suspend your account or your access to any or all parts of the Services at any time for any reason, including your violation or breach of any provision of these Terms. Upon termination, all rights and licenses granted to you in these Terms terminate immediately. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of fees or payments and you will have no further right to access any of the foregoing or your account.
18. Limited hardware warranty for devices
| inthesk | may offer a warranty for your Product. For information on the warranty that may apply to your Product and the warranties associated with a Premium Membership, please email email@example.com, we will forward the information to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction and which are not modified by this clause to the extent that to do so would violate applicable law.
19. Inthesk Basic and Premium Warranty Terms and Conditions
In addition to Inthesk’s hardware warranty, Inthesk is pleased to offer a separate product warranty program. Inthesk warrants that if your Inthesk Product (“Product”) is unable to locate and assist in the recovery of your personal items protected with the Product, you may receive a one-time refund for the purchase price of your personal item up to your warranty limit (“Product Warranty”).
Important details about the product warranty programme are as follows:
Please review these terms and conditions carefully to ensure that you can take full advantage of the Product Guarantee benefits offered to you.
A. Types of product guarantees
1. Basic Product Warranty: This Basic Product Warranty for one (1) year comes with every | inthesk | Product you activate as of 20 September 2020. Upon registration of that | inthesk | Product for Basic Product Warranty protection, and in accordance with these terms and conditions, You may be reimbursed up to twenty-five Euors if the | inthesk | Product fails to locate and assist in the recovery of Your | inthesk | Protected Items for a period of one (1) year from the time of the date of registration of the | inthesk | Product registration(s) and eligible protected item(s).
2. Premium Protect Product Guarantee (Premium Protect): You can choose to purchase a Premium Protect subscription, which comes with up to twelve hundred Euros refund if the Inthesk product is unable to locate and assist in the recovery of your Inthesk protected items, in accordance with the terms and conditions below.
B. Requirements for obtaining basic and premium protection product warranty protection:
1. Product warranty requirements and details
Reimbursement through | inthesk |’s basic or premium protection product guarantees is only available to residents of Europe and requires the following:
b. For Basic Warranty protection, you must initially activate your eligible BLE Product on or after 20 September 2020. For Premium Protect, the Product Warranty will commence upon registration of the protected item (described below);
c. You must register your eligible protected items within the | inthesk | app. For Basic Warranty protection, you must register your | inthesk | product(s) and eligible protected items within thirty (30) days after initial activation in the | inthesk | app. Please see important exclusions, conditions and limitations applicable to the Basic and Premium Protection Product Warranties below;
d. Compliance with the | inthesk | Terms of Service and the provision of truthful and accurate information in connection with the | inthesk | registration and throughout the claims process (see the Registration Details and How to File a Claim sections);
e. Consent to share relevant Inthesk product warranty information. Compliance with applicable waiting periods and, if applicable, submission of claims within sixty (60) days after Your Inthesk Product was last viewed on the Inthesk Network or Inthesk Community (See Waiting Period details below);
f. Premium Protect warranty coverage requires you to purchase the | inthesk | Premium Protect subscription.
B. Registration details
To obtain the benefit of one of Inthesk’s Product Warranties, you must register your protected items for your applicable | inthesk | Product Warranty within the | inthesk | application. When registering your protected item for the Product Warranty, you will be asked to submit the following information:
a. A picture of your protected item registered with your Product mosaic attached. The Product device protecting your item must be visible in the picture;
b. Purchase price of the protected item; and
c. Make and manufacturer (or make/model) of the item being protected
All of the above information must be provided to be eligible for reimbursement.
The registration information you submit, along with your email address, tile activation and product warranty registration dates, hashed (obfuscated) tile ID, tile make and model, product warranty level (Basic or Premium Protect) and last seen on the network will be transferred to | inthesk | for the sole purpose of establishing, administering and fulfilling your Product Warranty. The location of the item will not be shared and the information will not be sold or used for any purpose other than the administration and fulfilment of the Product Warranty.
C. How to make a complaint
If the | inthesk | Product is unable to locate and assist in the recovery of your protected registered item from the | inthesk | Product, will reimburse you, in accordance with these terms and conditions.
1. Waiting periods / Time constraints
There are some waiting periods and time limitations that you should be aware of:
a. You may begin making product warranty claims thirty (30) days after the first registration of your | inthesk | Basic or Premium Protect product warranty item.
b. You must wait seven (7) days to finalise your refund claim. This waiting period is intended to give you time to retrieve the item if possible. If, after the seven (7) day period, your | inthesk | has not located your item, | inthesk | will send you an email with a link to finalise your refund claim.
c. If your protected item has not been seen on the | inthesk | network for at least seven (7) days at the time of claim submission, you may submit your product warranty claim immediately provided that you submit your product warranty claim within sixty (60) days from the last time your protected item was seen on the | inthesk | network. This time limitation is in place to ensure that your | inthesk | has a working battery and the proper permissions in place to allow the network to function properly. Before claim payment is processed, a historical review of the Product’s activity prior to the date of loss must satisfactorily confirm that the Product was functioning before your personal item was marked as lost. There are a few things you can do to ensure that your Inthesk is properly enabled:
c.1 For Inthesk with replaceable batteries, make sure that your Inthesk’s battery is replaced at least once a year. It is also good practice to check the | inthesk | app periodically for low battery alerts;
c.2 On iOS, ensure that your location permissions for | inthesk | are set to “Always Allow” and that precise location and Bluetooth permissions are also enabled for the Inthesk application; and
c.3 On Android, make sure that your Location Permissions for | inthesk | are set to “Allow all the time” and that Bluetooth is enabled on your device.
2. Sending product warranty claims
Once the applicable waiting periods / time limitations are met and assuming | inthesk | has not located your eligible protected item, you may make your product warranty claim!
Submitting your claim is easy. To make your product warranty claim, you will need to provide some additional details to Inthesk:
a. Shipping address;
b. Telephone number;
c. Name and surname;
d. Method of payment for the payment; and
e. Information reasonably necessary to detect and prevent fraud, including proof of the value of the protected item; e. Information reasonably necessary to detect and prevent fraud, including proof of the value of the protected item.
This information may be transferred to | inthesk | for the purpose of managing your product warranty product. Please note that Inthesk may share customer service tickets to administer your product warranty in the most efficient manner and respond to your enquiries. But as before, none of this information will be sold or used for any purpose other than the administration and fulfillment of the Product Warranty.
3. Claims Processing and Payment Once you have correctly provided the information necessary to process your Product Warranty claim, Protectedtools will review the information submitted in accordance with these terms and conditions. Once confirmed and without evidence of fraud, your reimbursement payment (up to the applicable Product Warranty limit) will be issued on average within seven (7) days of claim submission. You can check the status of your claim on a personal link that will be available after your claim is initiated.
D. Conditions, limitations and exclusions
The following personal items are not eligible for reimbursement:
a. Illegal items, including illegal drug paraphernalia;
b. Prescription and non-prescription medicines and related paraphernalia;
c. Controlled substances;
e. Firearms, explosives;
f. Money, currency, monetary instruments, securities and commercial paper;
g. Antiques, Jewellery (including watches), fine arts;
h. Motor vehicles, off-road vehicles;
i. Contents of bags and wallets;
j. Living beings, including people, plants and pets;
k. Drones; and
l. Non-recoverable products in water deeper than 2 feet;
2. Denial of claims, termination
| inthesk | reserves the right to deny product warranty claims in their entirety if they find a reasonable likelihood of fraud or abuse, breach of these terms and conditions or Inthesk’s terms of service and/or submission of false or misleading information. Inthesk’s sole discretion, as determined by Inthesk. Upon a reasonable finding of fraud and/or abuse, submission of false information or breach of these terms and conditions and/or Inthesk’s Terms of Service, Inthesk reserves the right to terminate the Product Warranty in its entirety (Termination for Cause). If your product warranty is terminated for cause, you will not be entitled to a refund for monies paid to Protectedools and/or Inthesk’s authorized dealers.
3. Additional conditions and limitations
Basic and Premium Protect product warranties do not cover:
a. Liability for bodily injury or property damage, medical payments, physical damage, for any person, pet or animal;
b. Your obligations, liabilities or claims arising out of any dishonest, fraudulent, criminal or illegal act;
c. Any indirect or incidental damages arising from the use of its services and/or its Inthesk products;
d. Any activity that occurs before the effective date of your product Warranty or after the expiration date of your product Warranty. For the avoidance of doubt, the basic warranty on your Inthesk product expires one (1) year after registration of the protected item or once the warranty refund limit of EUR 25 has been paid. Your Premium Protect product warranty expires once your Premium Protect subscription ends and/or when the annual product warranty reimbursement limit of up to EUR 200 has been paid;
e. Claims arising from an unfair sales practice or any similar law governing the relationship between you and the authorized seller of the Inthesk Product;
f. Obligations and liabilities that may arise by virtue of misrepresentations made during the sale made by You during the sale of the Inthesk Product;
g. Any Inthesk purchased through an unauthorised reseller.
In addition, the Inthesk Product Warranties apply only to the intended use of the Inthesk Product. The Product Warranties do not apply to damage to the Product device or Your protected personal item caused by accident, abuse, misuse, use for any purpose other than intended, malicious acts, or any alteration or modification of the device. The purpose of the Product Warranty program is to ensure the quality of the manufacture and design of Your Product and the device services related to Your Product.
Proof of value and other reasonable information may be required to detect and prevent fraud. Such information, if requested, must be provided to Protectedtools’ satisfaction for any refund.
Limit one (1) product warranty claim per mosaic product. If, after paying the product warranty claim, you recover the previously lost protected item, Inthesk reserves the right to require you to refund the amount paid on the product warranty claim.
Inthesk may change or discontinue all or part of the Basic or Premium Protect Product Warranty Products at any time and without notice, at its sole discretion. If Inthesk discontinues the Premium Protect Product Warranty during the term of the Product Warranty, Inthesk will provide a pro-rated refund for your active subscription. No refunds or rebates will be available for discontinuation of the Basic Product Warranty.
As of the date of these terms and conditions, only residents of Europe are eligible for BLE product warranties. Inthesk may extend the benefit of Inthesk product warranties to residents of other countries in the near future.
LEGAL RIGHTS NOTICE: THIS EXTENDED PRODUCT WARRANTY SETS FORTH THE ENTIRE SCOPE OF INTHESK’S RESPONSIBILITIES AND EXCLUSIVE REMEDY WITH RESPECT TO INTHESK PRODUCT WARRANTY PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS PRODUCT WARRANTY. INTHESK SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, EXPENSES ARISING OUT OF THIRD PARTY CLAIMS, INCONVENIENCE, OR ANY OTHER LOSS) NOT CAUSED BY OR RESULTING FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHER WRONGFUL ACT OR OMISSION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTHESK DOES NOT AUTHORIZE ANY PERSON, ENTITY OR FACILITY TO CREATE FOR IT ANY OTHER WARRANTY OBLIGATION OR LIABILITY IN CONNECTION WITH THIS PRODUCT. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE. SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE.
20. Warranty disclaimer for applications and services
We will use reasonable efforts to correct any defects discovered in the App or the Services. However, to the maximum extent permitted by applicable law, your access to and use of our App and Services is at your own risk. We are not responsible for the content provided by or the conduct of any user, and you assume the entire risk of using the App and Services and any interactions with other users. Our Application and Services are provided “AS IS” and “AS AVAILABLE” and, to the maximum extent permitted by applicable law, we do not represent, warrant or guarantee that the Application and Services will be provided uninterrupted, error free, virus free or that defects will be corrected. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APPLICATION AND SERVICES ARE DESIGNED SOLELY TO ASSIST YOU IN LOCATING YOUR LOST PERSONAL ITEMS (SUCH AS KEYS, WALLETS AND BACKPACKS) WITHIN CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APPLICATION AND/OR SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration permitted by law. MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APPLICATION AND SERVICES ARE DESIGNED SOLELY TO ASSIST YOU IN LOCATING YOUR LOST PERSONAL ITEMS (SUCH AS KEYS, WALLETS AND BACKPACKS) WITHIN CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APPLICATION AND/OR SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration permitted by law. MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APPLICATION AND SERVICES ARE DESIGNED SOLELY TO ASSIST YOU IN LOCATING YOUR LOST PERSONAL ITEMS (SUCH AS KEYS, WALLETS AND BACKPACKS) WITHIN CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APPLICATION AND/OR SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration permitted by law. THE APPLICATION AND SERVICES ARE DESIGNED SOLELY TO ASSIST YOU IN LOCATING YOUR LOST PERSONAL ITEMS (SUCH AS KEYS, WALLETS AND BACKPACKS) WITHIN CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN.If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of first use or the minimum duration permitted by law. THE APPLICATION AND SERVICES ARE DESIGNED SOLELY TO ASSIST YOU IN LOCATING YOUR LOST PERSONAL ITEMS (SUCH AS KEYS, WALLETS AND BACKPACKS) WITHIN CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APPLICATION AND/OR SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration permitted by law. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration permitted by law. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration permitted by law.
21. Limitation of liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER CAUSED BY OR IN RESPECT OF THEORY OF LIABILITY, RELATED TO THESE TERMS OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE IS LIMITED TO (A) THE AMOUNT YOU HAVE PAID TO INTHESK FOR THE PRODUCT GIVING RISE TO THE CLAIM, (B) THE AMOUNT YOU HAVE PAID TO INTHESK FOR YOUR PREMIUM MEMBERSHIP GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE,
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you. For example, certain legislation in Australia provides consumer warranties or imposes obligations on Inthesk that cannot be excluded, restricted or modified, or only to a limited extent. These Terms of Service are subject to such legislation, including but not limited to the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010.
23. General provisions
These Terms constitute the entire agreement between us with respect to the subject matter hereof and supersede any prior understandings and agreements.
24. Third party trademarks
Apple and the Apple logo are trademarks of Apple Inc. registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Inthesk is under license. All other trademarks and trade names are those of their respective owners.
25. Dispute resolution through binding arbitration
THIS SECTION APPLIES TO ALL CONSUMERS WHO AGREE TO THE TERMS OF THIS AGREEMENT. IT EXCLUDES RESIDENTS OF QUEBEC, RUSSIA, SWITZERLAND, BRAZIL, MEXICO, THE MEMBER STATES OF THE EEE AND THE REPUBLIC OF KOREA MAKING CLAIMS OUTSIDE OF EUROPE. BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU AND PROTECTEDTOOLS EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This section provides a simplified way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by contacting Inthesk customer service. If Inthesk is unable to resolve your concern, you and Inthesk agree to be bound by the procedure in this Section for resolving disputes between us.
This Section is an agreement between you and Protectedtools, and applies to our respective agents, employees, subsidiaries, predecessors, successors, assigns, beneficiaries and transferees.
A. Claims covered by arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any Inthesk product or service and its marketing, or the relationship between you and Inthesk (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued prior to entering into this Agreement. The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your trade secrets, the copyrights, trademarks or patents of Protectedtools or Inthesk’s licensors; (ii) if you reside in Australia, to enforce a statutory consumer right under Australian consumer law; and (iii) brought in small claims court.
B. Informal negotiations
You and Inthesk will first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. Informal negotiations begin upon receipt of a written notice from one person to the other (“Dispute Notice”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief requested. Inthesk will send your Notice of Dispute to your billing or email address.
C. Binding arbitration
If you and Inthesk are unable to resolve a dispute informally, either you or Inthesk may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other party. The arbitration shall be administered by the Spanish courts in accordance with applicable procedural rules.
YOU AND INTHESK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS OR HER INDIVIDUAL CAPACITY AND NOT AS A CLAIMANT OR COLLECTION MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator will not consolidate another person’s claims with your claims, and will not preside over any representative or class proceeding. The arbitrator may grant injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If it is determined that this specific subsection is unenforceable, then this entire arbitration agreement shall be null and void.
If you live in Europe, the arbitration will take place in Spain, in the courts of Lucena in Cordoba.
If the arbitrator rules in your favour on the merits of any claim you submit against Inthesk and issues you an award that is greater in monetary value than Inthesk’s last written settlement offer made before Inthesk submits its final written submissions to the arbitrator, then Inthesk:
1. Pay you 150% of your arbitration award, up to 5 euros above your arbitration award.
2. Refund the arbitration fees you paid.
G. Changes to this Arbitration Agreement
Inthesk will not make material changes to this section in the future unless you expressly agree to them.
26. Contact us at
If you have any questions about these Terms, please contact us at firstname.lastname@example.org .