Terms of Service and Conditions
Thank you for your interest in Telescope Task Manager. We try our best to maximize our customer satisfaction in every way possible. Please carefully read and agree to this Terms of Service and Conditions document before proceeding. From the Telescope Support Team at Activated Mobile Solutions, LLC, we thank you for your business.
Defined terms are:
- “You” or “your” means the individual or business entered as the Account Holder during Account registration.
- “We,” “us” or “our” means Activated Mobile Solutions, LLC., our subsidiaries and our third party vendors.
- “Subscription Order” means the online purchases of Telescope Task Manager and related services made using your Account.
- “Telescope” is cloud-based software as a service that allows you to facilitate team collaboration and task management throughout small and medium-sized teams throughout your business.
- “License” means a grant of access to Telescope pursuant to the terms of this Agreement as outlined in SAAS Services; Grant of Usage.
- “Subscription Type” means the amount of time Telescope is provided to you.
This software product is being sold as a Software As A Service(SAAS). This SAAS subscription agreement dated as of April 23rd, 2020, governs the use by the account holder(owner) and users within that account holder(owner)’s account of the SAAS system, “Telescope”, herein referred to as “this SAAS system” and the services provided by Activated Mobile Solutions, LLC. in connection with this SAAS system. This agreement includes the submission of each Sign-Up Page, herein referred to as the “Subscription Order Form” and payment area of this software that provides the type, user quantity and payment terms for this software purchased from Activated Mobile Solutions, LLC. and these Terms of Service and Conditions (https://18.104.22.168/terms) as in effect from time to time. In the event of conflict among terms, the order of priority shall be the Subscription Order Form, which displays a hyperlink to this agreement, the Terms of Service and Conditions.
- Activated Mobile Solutions, LLC. agrees to sell a software subscription license to this SAAS system for the subscription type and user quantity, as described in each Subscription Order Form, and the account holder(owner) agrees to pay the designated subscription type fee(monthly) for the SAAS system and comply with the terms and conditions set forth in these Terms of Service and Conditions, each Subscription Order Form, and the Terms of Purchase and Use.
- The Term of Service for this SAAS system is indicated in the Subscription Order Form for this SAAS system. This SAAS system may be accessed and used only by the number of users specified in the Subscription Order Form(s), for the fees corresponding to that number of users. For each user, the account holder(owner) will be provided a user name (User ID) and email address, which enables the number of users to access this SAAS system and use this SAAS system. Following expiration of the subscription term, the Term of Service will automatically renew unless and until either party gives the other party notice of non-renewal at least 30 days prior to the next scheduled renewal date. The account holder(owner) may elect early termination of their subscription for monthly subscription types.
- Activated Mobile Solutions, LLC. grants the account holder(owner) a limited, non-exclusive, terminable, non-transferable license to access this SAAS system through the website, https://telescopetask.com, or by any other means on which the parties may agree, and to use this SAAS system during the purchased term, subject to this agreement, located at https://22.214.171.124/terms, as Activated Mobile Solutions, LLC. may revise this agreement from time to time.
- All other terms and conditions that are part of this agreement shall be as set forth in this agreement (inclusive of the Terms of Services and Conditions), and all subscription order forms completed and approved pursuant to this agreement constitute the complete and exclusive terms of the agreement between the parties regarding the subject matter and supersedes all other prior and contemporaneous agreements or communications with respect to the subject matter hereof. In the event of a direct conflict between the terms of this agreement and the terms of the then-current Terms of Services and Conditions, the terms of this agreement shall control.
- The account holder(owner) represents and warrants that the account holder(owner) has all necessary authorization to purchase and pay for the SAAS system subscription and subscription type indicated in each subscription order form.
- The account holder(owner) is responsible for the necessary electric service, wiring, computer equipment and communication line access for access to the SAAS system. The account holder(owner) shall be responsible for ongoing charges for the account holder(owner)’s own use of such data communication lines.
- In addition to the subscription order form, the parties may enter into one or more additional subscriptions, each of which provides a general description of the SAAS services to be provided to the account holder(owner). For any subscription order form to be effective, it must be in writing and terms agreed to or otherwise authenticated by the account holder(owner). All terms and conditions set forth in this SAAS subscription agreement are automatically incorporated in, and deemed part of, each such subscription order form.
- If there is any conflict between the terms of a subscription order form and the terms of this SAAS subscription agreement or the Terms of Service and Conditions, then the terms of the Terms of Service and Conditions shall control.
Description of this SAAS system
(1) ACCESS. This SAAS system includes access by the account holder(owner) through this SAAS system’s URL, https://telescopetask.com.
This SAAS system includes the following features:
- File Storage
- Task Creation and Management
- User Creation, Management and Profiles
- Team Creation, Management and Profiles
- User Theme Management
- Integrated Calendar
- Progress Tracking
- TimeClock w/ exporting
- Gantt w/ exporting
- CustomBoards w/ exporting
- List View w/ exporting
SUPPORT SERVICES. Support Services include unlimited support during normal business hours. The account holder(owner) may designate one or more individuals who will be the authorized point of contact for all technical support communications between Activated Mobile Solutions, LLC. and the account holder(owner) at all times. Activated Mobile Solutions, LLC. will use commercially reasonable efforts to keep this SAAS system available on a 24 hour a day, 7 day a week basis, subject to occasional scheduled downtime (during non-working hours, for short periods of time, typically on Sundays and communicated in advance) for maintenance purposes, unforeseen maintenance and systems outages, or routine testing of this SAAS system.
Terms of Purchase and Use
PLEASE READ CAREFULLY BEFORE PURCHASING A SUBSCRIPTION TO THIS SAAS SYSTEM. BY PURCHASING A SUBSCRIPTION, AND/OR ACCESSING AND USING THIS SAAS SYSTEM AND THE ASSOCIATED WEBSITE, APPLICATIONS AND TOOLS, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. THESE TERMS OF PURCHASE AND USE FORM PART OF THE SAAS SUBSCRIPTION AGREEMENT, WHICH YOU ARE REQUIRED TO ACCEPT IN CONNECTION WITH YOUR INITIAL AND ALL SUBSEQUENT PURCHASING OF THE PRODUCTS AND USE OF THIS SAAS SYSTEM.
Purchase of Products
You agree to purchase a paid monthly subscription to this SAAS system, consisting of the software shown on the website, https://telescopetask.com, and to all articles in this Terms of Service and Conditions contract.
Payments for accounts are charged for the month of the subscription term, except for the 14-Day Free Trial, which does not charge for the first 14 days.
For monthly subscriptions, the account holder’s credit or debit card on file will be charged each month on the same day and automatically thereafter for each following month. The credit/debit card on file is validated each day and must remain valid in order to avoid uninterrupted account access.
Failure to Remit Payment
If a payment is not made by the end of the five-day gracing period (i.e. expired credit or debit card), the account will become locked. During this time, all primary functions of the account will become disabled. In this event, the account holder must contact Activated Mobile Solutions, LLC. via the contact form on the Contact Us page on https://126.96.36.199. Any outstanding charges must be satisfied before the account will be restored to normal functionality.
Locked Accounts, Termination and Data Removal
Accounts that have been locked will be deleted after 120 days if payment is still not received and or if payment method is still invalid. In the event your account is locked, please contact us to unlock your account to make any outstanding payments and or payment method corrections. After this time, all working and user data, including saved files, will be permanently destroyed and the account deleted.
If you wish to cancel your subscription to this SAAS system, please contact us or use the cancellation link in the Account Owner’s Account tab in the Settings menu of Telescope.
In the event of an upgrade, the subscription cost is pro-rated. The prorated amount is calculated down to the day. Upgrade example: if you are billed monthly and you upgrade your Telescope subscription before the end of your plan’s billing cycle, when you switch to the new plan the unused portion of the previous plan results in a credit for your next billing cycle. You will be billed on the following start of the next billing cycle as usual, and then on the next, and so on.
The account will be updated to the selected new version immediately. All users will be signed off upon completion. No data will be lost during the upgrade. New features will become available the next time a user (including you) signs-in. The billing cycle will remain the same. If upgrading prior to the last day of your billing cycle, the original cost per user will be prorated for the amount of days used until upgrade, during the current billing cycle. The new cost per user will be accrued at the daily equivalent of the remainder of the current monthly billing cycle from the day after the day of upgrade. For example, if the billing cycle starts on the 1st day of the month (if there are 30 days in the current month) and the upgrade is on the 15th day of the month, the first half of the month (billing cycle) will be billed at the original price per user (broken down as cost per day) and the remaining half of the month (billing cycle) will be billed at the new price per user (broken down as cost per day) for that billing cycle.
All charges made to the account holder’s credit or debit card are final and are non-refundable, regardless of subscription version type. Please contact us with any questions regarding this policy.
By purchasing a subscription to this SAAS system, you agree to be responsible for all site preparation, including hardware, personal and employee training, and for installation and on-site security measures for granting or barring user access to this SAAS system.
Service Level Agreement
This Telescope Service Level Agreement (“SLA”) between Activated Mobile Solutions, LLC. (“Activated Mobile Solutions, LLC.”, “us” or “we”) and users of this SAAS system (“you”) governs the use of Telescope under the provisions of the Terms of Service and Conditions.
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms of Service and Conditions.
This SLA applies separately to each of Telescope subscription, as defined in the Terms of Service and Conditions.
- Telescope Task Manager Service Commitment: 90.00% Uptime
Activated Mobile Solutions, LLC. will use commercially reasonable efforts to make Telescope Task Manager running in Amazon Web Services (AWS) environments available with a Monthly Uptime Percentage of at least 90.00% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 90.00% means that we guarantee you will experience no more than 72 hours/month of Unavailability.
“Maintenance” means scheduled Unavailability of the Containerized Services, as announced by us prior to the Containerized Services becoming Unavailable.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of hours during the month in which the Telescope Task Manager was Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” and “Unavailability” mean, for app services and databases, when your service or database is not running or not reachable due to Activated Mobile Solutions, LLC.’s fault. This excludes (a) containers that are unreachable or not running because the container’s provisioned resources (RAM, CPU, disk, database, machine instances as applicable) are insufficient; and (b) members of a database cluster where the cluster as a whole is running and reachable.
- Service Commitments and Service Credits
Service Credits are calculated as a percentage of the total charges due on your Telescope Task Manager invoice for the monthly billing cycle in which the Unavailability occurred, applied proportionally to the Services that were Unavailable, in accordance with the schedule below:
For Monthly Uptime Percentage less than 90.00% but equal to or greater than 85.0%, you will be eligible for a Service Credit of 10% of the charges attributable to the affected resources
For Monthly Uptime Percentage less than 85.0%, you will be eligible for a Service Credit of 30% of the charges attributable to the affected resources
For example, if you have an app container that is Unavailable for 3 days, you would be eligible for a Service Credit for 10% of that container’s usage for the month.
We will apply any Service Credits only against future payments for the Services otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Activated Mobile Solutions, LLC. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than fifty dollars ($50 USD). Service Credits may not be transferred or applied to any other account.
- Sole Remedy
Unless otherwise provided in the Terms of Service and Conditions, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
- Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by emailing firstname.lastname@example.org. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
the words “SLA Credit Request” in the subject line;
the dates and times of each Unavailability incident that you are claiming;
the account handle(s); and
logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
- SLA Exclusions
The Service Commitment does not apply to any Unavailability:
That results from a suspension or Remedial Action, as described in the Terms;
Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Telescope Task Manager network;
That results from any actions or inactions of you or any third party;
That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
That results from failures of Telescope Task Manager not attributable to Unavailability; or
That results from any Maintenance.
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
SAAS Services; Grant of Usage
Activated Mobile Solutions, LLC. grants you and your staff (collectively, the “Users”), for the Term of Service indicated in this document, a limited, non-exclusive, terminable, non-transferable license to access and use this SAAS system provided through the Activated Mobile Solutions, LLC, subject to these Terms of Purchase and Use. All SAAS services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms of Purchase and Use. All rights not expressly granted to you and your Users pursuant to the Terms of Service and Conditions are reserved to Activated Mobile Solutions, LLC, and all uses of this SAAS system not expressly permitted hereunder are prohibited.
Permitted and Prohibited Use
Limited Use. You and your Users may access this SAAS system and use it solely to support and operate in your internal business. Activated Mobile Solutions, LLC. reserves the right, in its sole discretion, to limit your and/or your users’ use of this SAAS system in the event that Activated Mobile Solutions, LLC. determines that your and/or your users’ use thereof to be inconsistent with such purposes, and/or otherwise inconsistent with these Terms of Purchase and Use.
Prohibited Uses. You agree, for yourself and all your Users, as a condition of use of this SAAS system, not to use this SAAS system for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You and your Users may not use this SAAS system in any manner that could damage, disable, overburden, or impair any server of Activated Mobile Solutions, LLC. or subscriber server, or the network(s) connected to any server of Activated Mobile Solutions, LLC. or subscriber server, or interfere with any other party’s use and enjoyment of any of this SAAS system. You and your Users may not attempt to gain unauthorized access to any part of this SAAS system, other accounts, computer systems or networks connected to any server of Activated Mobile Solutions, LLC. or subscriber server or to any part of this SAAS system, through hacking, password mining or any other means. You and your Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this SAAS system. Except as expressly set forth herein, you and your Users may not (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate this SAAS system, or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer this SAAS system used to provide this SAAS system, or use a robot, spider, or any similar device to copy or catalog any materials or information made available through this SAAS system; or (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair this SAAS system’s control or security systems, or allow or assist a third party to do so.
Suspension of Service. Activated Mobile Solutions, LLC. may at any time suspend (or require that you suspend) the access of Users to this SAAS system and/or disable their Login Information in the event of violation of these Terms of Service and Conditions. Grounds for doing are not limited to but may include, for example, legal or regulatory reasons, investigation of suspicious activities, or action by authorities, or if Activated Mobile Solutions, LLC or you have reason to suspect any such User is engaged in activities that may violate these Terms of Service and Conditions, Terms of Purchase and Use, applicable laws, or subscriber policies, or are otherwise deemed harmful to Activated Mobile Solutions, LLC, your organization, your and our respective network, or other Users. Activated Mobile Solutions, LLC. shall not be liable to any User for suspension usage of this SAAS system, regardless of the grounds.
Ownership; Subscriber and User Submissions
As between you and your Users and Activated Mobile Solutions, LLC., this SAAS system, any material or information provided pursuant to this SAAS system, and any associated applications, tools or data, and all additions, modifications and improvements made or specified by Activated Mobile Solutions, LLC., its agents or contractors, are the property of Activated Mobile Solutions, LLC., and are protected by United States and international copyright, trademark and patent laws, as applicable. By using this SAAS system, neither you nor your Users gain any ownership interest in such items.
Activated Mobile Solutions, LLC. does not claim ownership of the usage information you or your Users provide for the use and operation of this SAAS system. Activated Mobile Solutions, LLC. and its vendors and contractors may use such information to operate and administer this SAAS system. In addition, Activated Mobile Solutions, LLC. may retain, analyze, use and share such information in anonymous, filtered, or aggregate form for general business purposes.
Activated Mobile Solutions, LLC. reserves the right to upgrade, modify, replace or reconfigure this SAAS system at any time, provided that you will be provided at least thirty (30) days’ advance notice for changes that materially and adversely affect any use of this SAAS system. Activated Mobile Solutions, LLC. may also change the fee schedule, support terms, and service level agreements for this SAAS system subject to at least thirty (30) days’ advance notice, except that the change will not apply for the remainder of these Terms of Service and Conditions and Terms of Purchase and Use to the amount and type of this SAAS system you have contracted for under existing subscription order form. Any such notice may be given and shall be effective if posted by Activated Mobile Solutions, LLC. in the Terms and Conditions section of Activated Mobile Solutions, LLC.’s website (https://188.8.131.52/terms), or if provided in an email sent to your account representative, or if included in any amendment, extension or new version of these Terms of Service and Conditions.
Links to Third Party Sites
This SAAS system may provide links that allow you or your Users to leave Activated Mobile Solutions, LLC.’s product website for this SAAS system, or to leave this SAAS system and/or access third party websites. The linked sites in many cases are not under the control of Activated Mobile Solutions, LLC. and Activated Mobile Solutions, LLC. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Activated Mobile Solutions, LLC. is not responsible for webcasting or any other form of transmission received from any linked site. Activated Mobile Solutions, LLC. provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Activated Mobile Solutions, LLC. of the site.
Use of Passwords; Internet
The Account Owner is responsible for providing and administering usernames and passwords for all Users (the “Log-In Information”). Each User must have a valid username and password for the purpose of accessing this SAAS system. You and your Users must keep all Log-In Information strictly confidential. Log-In Information may be used only by the assigned User and may not be shared or transferred without the Account Owner’s consent and control.
You and your Users are responsible for maintaining the confidentiality of that User’s username and password. You and your Users are responsible for any and all activities that occur under all your Users’ accounts. You agree to notify Activated Mobile Solutions, LLC. immediately of any unauthorized use of your Users’ accounts or any other breach of security. Activated Mobile Solutions, LLC. will not be liable for any loss that you or a User may incur as a result of someone else using your Users’ passwords or accounts, either with or without the applicable Users’ knowledge.
Activated Mobile Solutions, LLC does not guarantee the security of any information transmitted to or from you or any User over the Internet, including through the use of e-mail. Access to the Internet, if employed, is your and each User’s sole responsibility and the responsibility of Internet provider(s) you select. Activated Mobile Solutions, LLC does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.
Communications from Activated Mobile Solutions, LLC.
Activated Mobile Solutions, LLC may periodically contact you or Users for customer service purposes. By accessing this SAAS system, you and each User consent to receive such communications. You agree that Activated Mobile Solutions, LLC may reference its business relationship with you in its marketing or sales materials.
You agree to pay once every month the same date as the date of original purchase all payments due from you thereunder.
You agree to accept responsibility for paying and reporting (a) all federal, provincial, state and local taxes, however designated, levied or based on account of the purchase price and subsequent charges of this SAAS system and (b) all foreign taxes, export or import tariffs, and custom duties, however designated, levied or based in connection with the sale conducted hereby, the purchase price of this SAAS system, or your acquisition or ownership or use of this SAAS system. You agree to hold Activated Mobile Solutions, LLC. harmless from all claims and liability arising in connection with your failure to report or pay such taxes.
In the event that you default in any of the terms and conditions of this SAAS system’s Terms of Service and Conditions Agreement, including these Terms of Purchase and Use and any subscription order forms completed and approved thereunder, or a petition for bankruptcy is filed by or against you, then, to the extent permitted by applicable law, Activated Mobile Solutions, LLC. shall have the right to exercise one or more of the following remedies: (a) To declare the entire amount of the unpaid total purchase price due and payable plus all service fees that would otherwise come due for the remainder of the Terms of Service and Conditions, together with interest thereon at the lesser of 18% per annum or the then highest allowable legal rate per annum; and/or (b) To terminate this agreement. All remedies of Activated Mobile Solutions, LLC. hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or consecutively and jointly or severally, and the exercise of any one remedy shall not be deemed to be an election of such remedy to preclude the exercise of any other remedy. No failure on the part of Activated Mobile Solutions, LLC. to exercise, and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by Activated Mobile Solutions, LLC. of any right or remedy hereunder preclude any other or further exercise of any partially exercised right or remedy.
Notice Specific to Software Available with the SAAS Services
Any software that is made available to download from Activated Mobile Solutions, LLC. is the copyrighted work of Activated Mobile Solutions, LLC. Use of such software is governed by the terms of the end user license agreement, if any, which accompanies or is included with this SAAS system. In some cases, you or a user may be unable to install any software that is accompanied by or includes a license agreement, unless you first agree to these Terms of Service and Conditions and any of their associated subsequent agreements.
This SAAS system is made available for download solely for use according to the End User License Agreement. Any reproduction or redistribution of this SAAS system not in accordance with the End User License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THIS SAAS SYSTEM TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Termination of Terms of Service and Conditions; Effect of Termination or Expiration
In the event that you breach any term of the Terms of Service and Conditions agreement, or you or your users breach these Terms of Purchase and Use, and such breach is not cured within 10 days after receipt of notice thereof from Activated Mobile Solutions, LLC., Activated Mobile Solutions, LLC. may terminate this SAAS system’s subscription in whole or in part immediately upon written notice to you. Notwithstanding the foregoing, there shall be no cure period for such action that is not curable.
Upon expiration or prior termination of this SAAS system’s subscription, all rights granted herein shall revert to Activated Mobile Solutions, LLC. Data used from your subscription to this SAAS system may be retained for up to 120 days from the date of termination of expiration of this SAAS system. All access to and use of this SAAS system by you and/or your users must then cease, and all materials, applications and tools downloaded from this SAAS system must be erased, deleted, or destroyed.
No Warranties, Limitation of Liability
THIS SAAS SYSTEM AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO YOU IN CONNECTION WITH THIS SAAS SYSTEM ARE PROVIDED “AS IS,” AND ASSUMES NO RESPONSIBILITY, WHATSOEVER, FOR ANY DATA LOST, STOLEN, ALTERED, STORED OR DELETED. ACTIVATED MOBILE SOLUTIONS, LLC. DOES NOT GUARANTEE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THIS SAAS SYSTEM.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACTIVATED MOBILE SOLUTIONS, LLC. OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS SAAS SYSTEM’S OBLIGATIONS HEREUNDER. IN NO EVENT SHALL ACTIVATED MOBILE SOLUTIONS, LLC. BE LIABLE FOR ANY LOST OR CORRUPTED DATA, DOWNTIME, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE.
Activated Mobile Solutions, LLC. shall not be liable for loss, injury or damage of any kind to any person or entity resulting from any use, condition, performance, defect or failure of this SAAS system. You and your users release and waive all claims against Activated Mobile Solutions, LLC., its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing from any and all claims, damages, liabilities, costs and expenses arising out of your and your users’ use of this SAAS system. California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You and your users agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of Activated Mobile Solutions, LLC.
You represent and warrant that (i) you have full power and authority to enter into the Subscription Order Form, and to agree to all the Terms of Service and Conditions contained herein and in these Terms of Purchase and Use; (ii) only you and your users shall per permitted to access this SAAS system and any related tools, applications, information and materials provided in connection with this SAAS system; and (iii) you shall obtain and maintain in effect all permits, licenses and authorizations necessary for the purchase and intended use of this SAAS system.
By accessing and/or using this SAAS system, users agree to report to Activated Mobile Solutions, LLC. all claims or suspected claims of copyright or other infringement of Activated Mobile Solutions, LLC.’s intellectual property or other proprietary rights. Claims of infringement should be directed to Customer Service, Activated Mobile Solutions, LLC., [email@example.com].
If you believe that any information on https://184.108.40.206 infringes on your copyright, you should notify Activated Mobile Solutions, LLC., of your claim in accordance with the following procedures. Activated Mobile Solutions, LLC., will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable copyright laws. The DMCA requires that notification of claimed infringement be in writing and provided to Activated Mobile Solutions, LLC.
To be effective, the notice of infringement must contain the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Activated Mobile Solutions, LLC. to locate the material; (4) Information reasonably sufficient to permit the Activated Mobile Solutions, LLC. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party’s reasonable control shall not be a breach hereof.
You acknowledge and agree that this SAAS system and the tools, applications, information and materials provided in connection with this SAAS system possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Activated Mobile Solutions, LLC., or other subscribers for which Activated Mobile Solutions, LLC., or such other subscribers would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Activated Mobile Solutions, LLC., Activated Mobile Solutions, LLC. shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
This agreement shall be construed and enforced under the laws of the State of Virginia, USA without reference to the choice of law principles thereof. User hereby consents to and submits to the jurisdiction of the federal and state courts located in the State of Virginia. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.
If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.
No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.
Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.
Effective Date: August 20, 2017
This privacy notice discloses the privacy practices for Activated Mobile Solutions, LLC, our product, Telescope, and our websites; https://activatedmobilesolutions.com and https://220.127.116.11. This privacy notice applies solely to information collected by this website, except where stated otherwise. It will notify you of the following:
- What information we collect;
- With whom it is shared;
- How it can be corrected;
- How it is secured;
- How policy changes will be communicated; and
- How to address concerns over misuse of personal data.
Information Collection, Use, and Sharing
We are the sole owners of the information collected for this product and on these websites. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., customer support.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address provided on our website(firstname.lastname@example.org):
- See what data we have about you and your organization, if any.
- Change/correct any data we have about you and your organization.
- Have us delete any data we have about you and your organization.
- Express any concern you have about our use of your data.
In order to use this product, a user must first complete the sign-up form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our purchase form. To buy from us, you must provide contact information (like name and email address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you. The payment merchant used is Stripe. See https://stripe.com for more information.
Invoicing is provided via email. The invoicing merchant used is Stripe. See https://stripe.com for more information.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
Activated Mobile Solutions, LLC. uses Amazon Web Services(AWS) to host all front-end and back-end operations of this SAAS system and the data that is stored in it. AWS is considered among the most secure and safest cloud services platforms in the world. For more information on AWS Security, please visit https://aws.amazon.com/security. If you would like more information on this SAAS system’s security, please contact us. We take precautions to protect your information. When you submit sensitive information via this product or these websites, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g. billing or customer service) are granted access to personally-identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this product and these websites.
Notification of Changes
End-User License Agreement (EULA) of Telescope
This End-User License Agreement (“EULA”) is a legal agreement between you and Activated Mobile Solutions, LLC.
This EULA agreement governs your acquisition and use of our software, the SAAS system, Telescope, directly from Activated Mobile Solutions, LLC. or indirectly through an Activated Mobile Solutions, LLC. authorized reseller or distributor.
Please read this EULA agreement carefully before completing the installation process and using Telescope. It provides a license to use the Telescope software and contains warranty information and liability disclaimers.
If you register for a free trial of Telescope, this EULA agreement will also govern that trial. By clicking “submit” or installing and/or using the Telescope software, you are confirming your acceptance of this SAAS system and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use this software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the software supplied by Activated Mobile Solutions, LLC. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Activated Mobile Solutions, LLC. updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items on delivery. If so, those terms apply.
Activated Mobile Solutions, LLC. hereby grants you a personal, non-transferable, non-exclusive license to use the Telescope software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Telescope software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Telescope software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of this SAAS system nor permit the whole or any part of this SAAS system to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer this SAAS system or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use this SAAS system for any commercial purpose
Allow any third party to use this SAAS system on behalf of or for the benefit of any third party
Use this SAAS system in any way which breaches any applicable local, national or international law
use this SAAS system for any purpose that Activated Mobile Solutions, LLC. considers is a breach of this EULA agreement
Intellectual Property and Ownership
Activated Mobile Solutions, LLC. shall at all times retain ownership of this SAAS system as originally accessed and/or downloaded by you and all subsequent downloads of this SAAS system by you. This SAAS system (and the copyright, and other intellectual property rights of whatever nature in this SAAS system, including any modifications made thereto) are and shall remain the property of Activated Mobile Solutions, LLC.
Activated Mobile Solutions, LLC. reserves the right to grant licenses to use this SAAS system to third parties.
This EULA agreement is effective from the date you first use this SAAS system and shall continue until terminated. You may terminate it at any time upon written notice to Activated Mobile Solutions, LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of this SAAS system. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the federal and state laws of the United States.
THE TERMS OF SERVICE AND CONDITIONS LISTED ABOVE SHALL NOT BE BINDING UNTIL FULLY EXECUTED BY SELECTING A FILLED CHECKBOX ON THE SUBSCRIPTION ORDER FORM TO READ “I ACCEPT THE TERMS OF SERVICE AND CONDITIONS” BY THE ACCOUNT HOLDER(SUBSCRIBER).