Privacy Policy

Revision: February 21, 2024

1. Definitions

TERMS OF USE

"AI" means a machine-based system designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.

"Account Data" means the data necessary for You to maintain your account, billing information, including credit card and other financial information, account authentication information, and contact details.

"Application Data" means the data detected or generated by the application while running. This data may include, but is not limited to: a) Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins; b) Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots); c) Identifiers: unique identifiers, device IDs, and other identifiers, including identifiers Sentinel assigns the device that tells your device apart from other users’ devices; d) Device signals: Cellular, data, Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers; e) Data from device settings: information you allow us to receive through device settings you turn on, such as access to your location related data and GPS readings; f) Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed, information about networks you are connected to; g) Activity monitoring: your behavioral use of the device, application names and application use data;

h) Interaction with Sentinel: data about how you use our product. "Personal Information" means user information, including personally identifiable information, protected health information, financial information, including credit card information stored on your device, photos and other files stored on your device, user biometrics, telephone call audio and history, text messaging, instant messaging, audio, video, a list of actions taken on the device by the user, including touch screen interactions and keystrokes.

Notwithstanding anything to the contrary, any item explicitly listed as Account Data or Application Data is excluded from the definition of Personal Information. "Sentinel" means Sentinel Developers, Inc.
"Service" means the Data Guardian service which includes account creation and maintenance, billing, collection, analysis, and reporting, on Application Data. "Software" means the Data Guardian application, for either Android or iOS. "Terms" means these Terms of Use. "You" means the entity you represent in accepting these Terms or, if that doesn’t not apply, you individually.

2. Introduction

These Terms govern your use of the Data Guardian Software and the Data Guardian Service. These Terms are a legally binding agreement between You and Sentinel. You agree to these Terms when you create a Data Guardian account, run the Data Guardian Software, or otherwise obtain a copy of the Software.

IF YOU EITHER PURCHASE THE SERVICE, INSTALL OR OTHERWISE OBTAIN A COPY OF THE SOFTWARE USING A CORPORATE EMAIL ADDRESS, CORPORATE DEVICE, OR OTHERWISE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR PURCHASE, INSTALLATION, OBTAINING THE SOFTWARE, OR ANY OTHER USE OF THE SOFTWARE OR THE SERVICE WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS, WILL REFER TO YOUR EMPLOYER OR THAT ENTITY AS SET OUT IN THE DEFINITIONS.

If you are accepting these Terms on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent.

3. Use of the Software and Service

3.1. General Use Terms.

In order to use the Software or the Service, You: a) Must not be prohibited from receiving any aspect of our Software or Service under applicable laws and regulations; b) Have not previously had your account disabled for violation of law, regulation, or any of our policies; and c) You must also be able to legally access the applicable App Store for your device and download and install the Software.

3.2. Use of the Software.

3.3. Use of the Service.

The Software may only be installed on a device You own. Once installed, the Software will run in the

background and collect Application Data and transmit that Application Data to Sentinel. The Software provides no other functionality other than collecting data for the Service. If you do not have an active subscription, the Software will continue to send Application Data to Sentinel; this will not entitle You to any compensation or access to the Service; if you do not consent to sending Application Data to Sentinel, You must delete the application and remove it from your device. The Service provides You with results of analytics which may indicate that your device has been infected with malware or otherwise compromised.

Use of the Service requires:

a) You to create and maintain an account and be current on your payments, and

b) The installation of the Software on a desired mobile device.

3.4. Adult Use Only.

BY CREATING AN ACCOUNT FOR THE SERVICE OR OBTAINING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS.

3.5. Termination.

You may terminate this agreement at any time, by (i) uninstalling the Software, (ii) cancelling any active Service, and (iii) deleting your account. There is no refund for prepaid services once You delete your account. You cannot re-associate a device or associate a new device with your prior use history if you create a new account. Sentinel may terminate these Terms and your use of the Software and the Service at any time; in such event, you will be entitled to prorated refund for services that you have prepaid for, but have not yet used. In the event that Sentinel terminates these Terms due to You violating these Terms, you will not be entitled to refund for services that you have prepaid for and Sentinel may delete or disable your account prior to providing You notice.

3.6. No Sale.

The Data Guardian Software and Service are licensed, not sold, to you.

3.7. Expressly Prohibited Uses.

You shall not use or allow to be use of the Software or the Service other than as specified in Section 3.1 through Section 3.4. in addition, You are expressly prohibited from:

a) modifying, altering, tampering with, or repairing the Software or the Service;

b) reverse engineering, disassembling, or decompiling the Software or the Service or applying any other process or procedure to derive the source code of the Software or any software related to the Service;

c) reselling or sub-licensing the Software or the Service;

d) tampering with or circumventing any controls or making unauthorized copies of the Software or the Service;

e) taking any action that, by itself or in conjunction with other actions, causes you to access data, features, or functionality of the Software or the Service that you are not expressly authorized to access;

f) using the Software or the Service in order to create derivative works of either the Software or the Service;

g) using the Software or Service, in any way, in conjunction with AI, for any purpose, including, but not limited to the training and fine-tuning of models;

h) any use that causes, or may cause, damage to the Software or the Service or interfere with the availability, functioning security, or accessibility of the Software or the Service;

i) using code, files, scripts, agents, or any other programs that cause or are intended to cause harm, including without limitation, spyware, viruses, worms, time bombs and trojans;

j) any use which is connected with unlawful, illegal, fraudulent or harmful purposes, misrepresentation, breach of any third party’s intellectual property rights, abusive, threatening, or obscene behavior, defamation, libel, or rights infringement;

k) any use which, by its nature or the circumstances of its use, a person exercising reasonable business judgment would understand to be malicious;

l) any use that does not comply with relevant laws and regulations in your jurisdiction, or;

m) installing the Software on a device that is operated by a child under the age of 13 for any reason. By installing the Software on a device operated by a child age 13 or older, You will have provided Sentinel all necessary consent for the collection of Application Data, as outlined in these Terms, from such device.

4. Privacy Policy

4.1. Incorporated By Reference.

Sentinel’s Privacy Policy is incorporated by reference into these Terms. All words defined in these Terms shall also apply to the capitalized words in the Privacy Policy.

5. Representations and Warranties

5.1. Representations.

Sentinel shall ensure that its software works in substantial conformity with the applicable documentation that Sentinel provides. Sentinel will work to address known bugs or vulnerabilities in the Software and the Service to the extent it reasonably can. Sentinel makes no other representations about the Software or the Service.

5.2. Warranty Disclaimer.

SENTINEL DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN BOTH THE SOFTWARE AND THE SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW.

5.3. Accuracy Disclaimer.

ALL ADVERTISED ACCURACY IS CALCULATED BY EXAMINING DATA FROM MANY USERS. SUCH ACCURACIES MAY BE CALCULATED INTERNALLY OR EXTERNALLY, BY A THIRD-PARTY, AS INDICATED. AS SUCH, SENTINEL EXPRESSLY DISCLAIMS ANY AND ALL GUARANTEES, REPRESENTATIONS, AND WARRANTIES FOR THE SOFTWARE AND THE SERVICE REGARDING ANY PARTICULAR DETECTION OF COMPROMISE, WHETHER SUCH DETECTION CAUSES AN INCORRECT NOTIFICATION WHEN NO SUCH COMPROMISE EXISTS OR NO SUCH DETECTION OCCURS WHEN A COMPROMISE DOES EXIST. SENTINEL SHALL NOT BE LIABLE FOR ANY SITUATION IN WHICH AN INCORRECT DETECTION IS MADE OR A DETECTION IS MISSED. ANY STATEMENTS OR ADVERTISEMENTS ABOUT ACCURACY ONLY APPLIES TO THE DATA USED FOR THE ANALYSIS AT THE TIME OF THE DATA COLLECTION.

5.4. Beta Software and Services.

WITHOUT LIMITING ANY DISCLAIMERS IN THESE TERMS, SOFTWARE AND SERVICES DESIGNATED AS BETA ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS, OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS

SENTINEL IS PROVIDING BETA SOFTWARE AND BETA SERVICES TO YOU “AS IS.” SENTINEL MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SOFTWARE AND BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SOFTWARE AND BETA SERVICES WILL BECOME GENERALLY AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

EXCEPT TO THE EXTENT PROHIBITED BY LAW, SENTINEL DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. AWS’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY FOR ANY BETA SOFTWARE AND BETA SERVICES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE BETA SOFTWARE AND BETA SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

6. General Terms

6.1. Amendment.

These Terms may be updated, from time to time, by Sentinel by modifying the terms on our website. Sentinel will notify account holders of changes to these Terms by email prior to the new effective date. Your continued use of the Service or the Software after the new term’s effective date is deemed consent to the new terms.

6.2. Assignment and Subcontracting.

These Terms shall be binding on the respective Parties thereto and their respective permitted successors and assigns. You may not assign any of its rights or obligations (including interests or claims) relating to or in connection with these Terms without the prior written consent of Sentinel. Sentinel may assign these Terms at any time upon notice to You.

6.3. Attorneys' Fees.

Each party shall bear its own costs, including, but not limited to attorneys’ fees, costs, expert consultant, and expert witness fees, incurred in connection with these Terms.

6.4. Choice of Law, Jurisdiction, and Venue.

These Terms shall be governed by the laws of the Commonwealth of Virginia without giving effect to the choice of law principles thereof. Any action that is based on or arising out of these Terms shall be brought and maintained exclusively in any state or federal court, in each case located in the city of Charlottesville, the Commonwealth of Virginia. Each of the parties hereby expressly and irrevocably waives, to the fullest extent permitted by law, any objection that it may have or hereafter may have to the laying of venue of any such action brought in any such court and any claim that any such action has been brought in an inconvenient forum.

6.5. Entire Agreement.

These Terms, including all Appendixes, Attachments, if so attached, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, proposals, negotiations, and communications, oral or written, between the parties or their representatives with respect to such subject matter.

6.6. Force Majeure.

Sentinel shall not be liable for any delays or nonperformance directly or indirectly resulting from circumstances or causes beyond its reasonable control, including acts or omission or the failure to cooperate by the other party (including entities or individuals under its control, or any of their respective officers, directors, employees, other personnel, and agents), acts or omissions or the failure to cooperate by any third-party, fire, epidemic or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order, or requirement of any governmental agency or authority.

6.7. Headings.

The headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

6.8. Indemnification.

You will defend, indemnify, and hold harmless Sentinel, and Sentinel’s employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees (collectively “Losses”) arising out of or relating to any third- party claim concerning: (i) Your, or any person You allow to use a device connected to your account, use of the Services (including any activities under your account and use by your employees and personnel) or (ii) breach of these Terms or violation of applicable law by You or any person You allow to use a device connected to your account. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third-party subpoena or other compulsory legal order or process associated with third party claims described above at our then-current hourly rates.

The obligations under this section will apply only if the party seeking defense or indemnity: (a) gives the other party prompt written notice of the claim; (b) permits the other party to control the defense, except that You and Sentinel must agree on the selection of a law firm and such law firm shall have substantial prior experience working with the same issues and scale of the Losses, and settlement of the claim; and (c) reasonably cooperates with the other party (at the other party’s expense) in the defense and settlement of the claim. In no event will You agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.

6.9. Injunctions.

You acknowledge that any violation of Section 3 of these Terms will cause Sentinel irreparable damage for which monetary damages are not a sufficient remedy. Accordingly, Sentinel may seek specific performance and injunctive relief for any breach or threatened breach by You of any of such provisions, without posting bond. Such remedies are not Sentinel’s exclusive remedies for such breach or threatened breach but shall be in addition to all other remedies available to Sentinel at law or in equity.

6.10. Limitation of Liability.

IN THE EVENT THAT SENTINEL IS HELD LIABLE FOR ANY DAMAGES UNDER THESE TERMS, YOUR DAMAGES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID US UNDER THESE TERMS THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

6.11. No Third-Party Beneficiaries.

There are no third-party beneficiaries of these Terms. No rights, benefits, or remedies of any kind or character whatsoever are conferred upon, and party to these Terms shall owe a duty to, any person or entity other than the other party to this Agreement. The parties to these Terms are expressly Sentinel and You.

6.12. No Waiver.

No failure by any party to insist upon the strict performance of any covenant, duty, agreement or condition of these Terms or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement or condition.

6.13. Notices.

All notices hereunder shall be in writing and shall be by email:

To Sentinel:

support@sentineldevelopers.com

To You:

Notice will be sent to the email address You have on file for your account, and modifications to these terms will be posted on Sentinel’s website. Notwithstanding the foregoing, all legal notices and arbitration requests shall be mailed to Sentinel’s registered agent. Delivery shall be deemed given upon the earlier of (i) delivery; (ii) 72 hours after the email is sent to the proper recipient, or (iii) 5 days after such notice is mailed by registered or certified United States mail, return receipt requested, postage prepaid.

6.14. Severability.

If a term or any of the terms of these Terms is unenforceable, such term shall not affect the other terms, but such unenforceable term shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of the parties set forth in these Terms.

6.15. Survival.

All provisions that are intended to survive termination of these Terms shall survive such performance, or the expiration or termination of these Terms.

6.16. Use of Intellectual Property.

Nothing in these Terms grants You any right or license to use, and You shall not use, the copyrights, patents, trade secrets, trademarks, service marks, or proprietary words or symbols of Sentinel.

6.17. Waiver of Jury Trial.

EACH PARTY TO THESE TERMS HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM RELATING TO OR IN CONNECTION WITH THESE TERMS.

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