Prey

TERMS OF SERVICE

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PREY TERMS OF SERVICE  PREY, PREYPROJECT, PREY ANTI-THEFT and the logo of PREY are a registered trademark of PREY. Our legal residence is 548 Market St, #30152 San Francisco, California. The herein Terms &amp. Conditions (hereinafter referred to as “TOS” or “Terms” indistinctively) represent a legally binding agreement between PREY Inc. (hereinafter referred to as “PREY”, “we” or “us”, indistinctively) and our clients or users. They govern the use of PREY’s software (PREY ANTI-THEFT), our website PreyProject.com and our forum at Community.Preyproject.com. By checking the box intended for such purpose when you create an account, you agree to the herein Terms &amp. Conditions. We may modify the herein Terms &amp. Conditions in the future, and we will notify you of every modification in due time. Similarly, if you continue using Prey after a modification has been made, we will interpret it as an implied consent. If you wish to withdraw your consent, you may do so at any time by deleting your account. We only provide our services to people over the age of sixteen (16) years old. therefore, we require explicit confirmation of age at the time of creating an account. If you are under sixteen, you shall not use our services or our forum. At Prey, we are committed to protecting your privacy using the strictest standards in the world. We will never sell or access to your account information or data from your devices, without your prior authorization. We will maintain some usage data anonymized for statistical purposes. For further information, please check our Privacy and Data Processing Policy here. Under the General Data Protection Regulation (GDPR), the basis for us processing personal data is the provision of a service.  SERVICE DESCRIPTIONPREY (PREY ANTI-THEFT) is an online service for the remote tracking of electronic devices through a web interface (the “Control Panel” or “Panel” indistinctively). We must install our software (the “Agent” or “The Client” indistinctively) in the devices you wish to protect and have an Internet connection to transfer data between our servers and the device. The Panel allows users to remotely access to the devices that they had added to its accounts and checked as “missing”, as well as retrieve files, block the device, locate it and run some remote actions, such as activating alarms or sending messages. The file retrieval functionality is a supplementary service of PREY, which should only be used as a temporary system to access the files in your devices in the event of emergencies. It is forbidden to use it as a storage or backup system. Files will be removed fifteen (15) days after the upload is completed. The software Agent for Windows, Mac, Linux, iOS and Android has an open-source license (GPLv3). The source code of our Panel and all server side instructions are proprietary of Prey Inc. and they shall not be used, modified or distributed without our express consent. Our service level agreement varies between our different plans and the limits of each of our services varies between operative systems. You can check the details and limits of our service here. Our RDM accounts constitute a time limited offer destined to help our free users through the COVID-19 pandemic. These account will remain to be fee but they will only be offered for a limited time period. Our audit log keeps a limited register of the activities on your account. You can check the detail of those actions here.  AUTHORIZED USEYou may only install the Agent in devices you are legally authorized to access and administer. Prey requires full administrator rights to provide all of its services. Both Prey and the tracking services we provide are intended for remote management location and retrieval of multimedia devices. You shall not use Prey for the tracking of people, unless you are legally allowed to do so under the local laws. We reserve the right to cancel your account at any time, should we detect any illegal or unauthorized use of our services. You shall uninstall our software and remove it immediately from all devices once you are no longer legally authorized to use them, or as soon as they stop being part of your property or exclusive use. You are the sole and exclusive person responsible for the information you send and use through PREY. If you are the Administrator of multi-user accounts, you are obliged to report your capacity of such to all the users of the accounts and the data access, deletion and portability rights they are entitled to. Likewise, you shall inform them thoroughly about your capability to remotely access their devices and personal data, as applicable under the local laws. In addition, you shall create a safe password, keep it confidential and refrain from transferring your account to any person not legally authorized to use and administer the account devices. Your “api-key” number and device id are both as sensitive as your password so you are in charge of limiting their disclosure. As an Administrator of a multi-user account, you are responsible for all the users associated with that account. Therefore, the exercise of your access rights, removal and portability of your account information encompass all the account users. If you are a user of a multi-user account, you hereby acknowledge that this allows all Administrator Users to access your devices remotely. You can check this information from you Control Panel. Also, you acknowledge that the Administrators have access to the data in your device, its camera and geographic location. You hereby release Prey of any responsibility related to your data or privacy from the actions of your account Administrators. If you do not want the Administrator(s) of your multi-user account to have such rights or access, you shall request the removal of such rights or access to privacy[at]preyhq.com. The use of our API is a feature exclusive of exclusive feature of our paid accounts. The use of that feature for any purpose that infringes of our Terms and Conditions and Privacy Policy is forbidden. This functions depends on an “api-key” which is unique for your account and shouldn’t be disclosed. All Prey accounts are personal and non-transferable. You are not authorized to share, sell or transfer your Prey account in any way whatsoever. You shall hold harmless and indemnify Prey from any loss or damage derived from the unauthorized use or any use in violation of the herein Terms &amp. Conditions.  TRACKINGWithout prior interaction of the user, Prey has access to the geo-localization of your devices and keeps a location history. This is our default setting but you can change it at any time in the Panel by setting the Location Awareness to off. If you select this option, no location data will be sent unless the device is marked as “missing”. With the default settings, the Agent will send information to our servers whenever it detects a change in the device location. The foregoing entails the permanent tracking of your device, which you can disable at any time.  COMMUNITY FORUMOur Forum is an additional contact instance with our community of users, but it does not represent an official support platform. Employees of Prey are expressly identified as “Staff”. If you are a paid user, you shall make your support requests from the Panel in order to access our priority support service. It is forbidden to use the Forum to offer products or services, and to publish o link to adult content or any other content that may violate the law. We reserve the right to remove any account from the Forum that may breach our Terms &amp. Conditions or the Rules of the Forum.  PAYMENT INFORMATIONOnline payment through credit cards is a service provided by Braintree which we manage through Chargebee. You can access this information on your user Panel. We reserve the right to modify the price and the functionalities, in whole or part, of our services. You shall be informed in advance to your registered e-mail before such changes come into effect. If you wish to cancel your subscription, you may do it directly from the Panel. If you wish to know your history of payments, you can check it from the Control Panel (only credit cards) or request it at help[at]preyhq.com.  LIMITATION OF RESPONSIBILITYThe Prey Agent is an open-source software, and you hereby agree to accept it “as-is”. We provide our services without any guarantee that they will achieve specific results. We are not responsible whatsoever for how you use our software or service. Prey does not have control over or responsibility for how our clients use the service from the Panel, since it is intended for their exclusive access and use. Our users are responsible for the security and confidentiality of their password, as well as restricting access to their devices. It is forbidden to share your password or account. All actions performed on our platform are considered to be executed by the registered user, if using the corresponding password. The latter does not include the account removal, deletion of personal data and portability that may require further identity verification. You hereby hold Prey harmless of any responsibility for the actions performed in the Panel that is intended for your exclusive use and control. The double-check functionality only works as an additional step to access the Panel, but it is not necessary to use the software nor to exercise the rights related to your personal data. Prey assumes no responsibility for the provisions of their services free-of-charge. In the case of our paid users, our civil liability is limited to the amount of the payments made by the user over the last year.  VALIDITY OF THE TERMS &amp. CONDITIONSThe herein Terms &amp. Conditions came into force on May 25th, 2020.&nbsp. With the purpose of total transparency, you can check our previous Terms &amp. Conditions here. We will keep you informed about any essential modifications to these Terms &amp. Conditions. Should you have any questions about our services or the legal scope of these Terms &amp. Conditions, do not hesitate to contact us at legal[at]preyhq.com.