Terms of Service

Terms
Last Updated: Oct. 30, 2019


By accessing or using the applications (“FINDme mobile app”) and services (“www.findme.ph”) owned and operated by Windsor Computer Center (shortened to “Windsor” hereafter), you are accepting and agreeing to be bound by the terms and conditions set forth below.  Both applications and services shall be collectively referred to as “Services” hereafter.

We may modify the Terms at any time.  If you continue to use the Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

License
Subject to our Terms, Windsor grants you a limited non-exclusive, transferable license to download and install a copy of our FINDme mobile app (the "App") on one or more mobile devices that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes.  Sharing of the App through sharing apps such as but not limited to SHAREit may also be allowed provided the App is used solely for personal and 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: (1) copy, modify or create derivative works based on the App or Services; (2) distribute, transfer, sublicense, lend or rent the App to any third party for commercial gains; (3) reverse engineer, decompile or disassemble the App.


Downloading Our App
Upon downloading our FINDme App from App Stores such as Google Play or Apple App Store, you agree and acknowledge that these Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App. The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.  It is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.  It is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.

Creating an Account
Before you use certain features of our Services, you must create an account with us. By doing so, you represent that (1) all required information you provide is accurate and truthful; (2) you are of legal age to agree to these Terms; and (3) 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 and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (1) use the account or username of any other user unless you are given express permission by the account holder; (2) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else for monetary gains. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).

Privacy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users by clicking on the Privacy Policy Button.    

Content You Provide
Any content, such as texts, images, and other material and information, that you upload or post on or through our Services (your "Content"), and its legality, reliability, and appropriateness are your responsibility. You should only upload or post Content that you create or have the right to use and publish. By posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.

Enforcement
Any or all portions of the Content you upload or post are subject to our review, though we are not obligated to do so.  We may delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole discretion, your Content violates these Terms, or that we believe 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. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.

General Prohibitions
When using our Services, you agree to the following prohibitions:

 

1. Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
2. Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
3. Attempt to reverse engineer the FINDme Bluetooth Low Energy profile or FINDme protocol;
4. Access, tamper with, or use non-public areas of the Services, FINDme’s computer systems, or the technical delivery systems of FINDme's providers;
5. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
6. Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FINDme or other generally available third party web browsers;
7. Submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;
8. Violate any applicable law or regulation, including by stalking , harassing , or tracking others for unlawful or criminal purposes.
9. Encourage or enable any other individual to do any of the foregoing.

Copyright Policy
An integral part of our policy is to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

 

1. an identification of the copyrighted work that you claim has been infringed;
2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
3. a description of where the material that you claim is infringing is located on our Services;
4. your address, telephone number, and e-mail address;
5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
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 authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at info@findme.ph or by mail addressed to Copyright Agent, Windsor Computer Center, 7 Evangelista Street, Brgy. 22, Batangas City 4200, Philippines.

Third Party Links
Some of our Content or Services may be provided by third parites (“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 are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.

Ownership
You acknowledge that all intellectual property rights in our Products, App 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 throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

Termination
In the event you wish to terminate your account, you may do so at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. 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 any fees or payments and you will have no further right to access any of the foregoing or your account.

FINDme Hardware Limited Warranty

Windsor warrants that your FINDme hardware product ("the Product or FINDme tag") will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail buyer or end-user ("the Warranty Period"). If a defect in the Product arises within the Warranty Period, Windsor will, at its sole discretion and subject to applicable laws: (1) repair or replace it with a new or refurbished product or component; or (2) refund the original purchase price upon return of the defective Product. This Warranty does not apply to (a) Products you purchase from unauthorized resellers; (b) where the instructions for use and activation of the Product are not complied with; (c) where the Product is used with a jail-broken or rooted mobile device; or (d) where the Product is damaged as a result of abuse, accident, modification or other causes beyond our reasonable control.
 

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 disclaimed.
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 by jurisdiction.

Warranty Disclaimer for App and Services

As with any wireless technology product, its day to day operation may be subjected to influences from a variety of external factors that may affect its over-all performance that is beyond our control.  The stability of the Bluetooth module of the phone used by different manufacturers may cause occasional disconnections between the tag and the phone.  Since different phone models have different battery optimization management features,  there may be instances when the phone’s battery manager will detect the FINDme mobile app as a “battery draining app” and automatically disconnects the FINDme tag when it is running in the background and the user will not be able to ring the phone using the tag and vice versa. This is because for the FINDme tag to work, it needs to be constantly connected to the phone whether it is running in the foreground or background.   These situations are experienced by various brands of Bluetooth trackers and each manufacturer is constantly working to lessen the frequency of such occurrences and improve overall user experience.  Your timely feedback whenever you experience such is also very important in improving the performance of these Bluetooth trackers. In any technology and product, there are inherent features and limitations that come with it. There is no single product that can claim nor deliver 100% efficiency and reliability. With FINDme, you can be assured that we continuously try our best to get as close to that as possible. After all that has been said and done, what you can count on is that with FINDme, your chances of retrieving your lost items are remarkably higher compared to not having one at all.

 

We will use reasonable efforts to correct any discovered defects in the App or Services. However, 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 bear the entire risk of using the App and Services and any interactions with other users. Our App and Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected.

 

To the maximum extent permitted by applicable law, we disclaim all warranties regarding the App and Services, whether express, implied, or statutory, including the warranties of title, merchantability, fitness for any particular purpose, or non-infringement.  IMPORTANT: Without limiting the foregoing, the App and the Services are designed solely to help you locate your lost personal items (such as keys, or wallets, etc.) within a 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 your first use or the minimum duration allowed by law.


Limitation of Liability

Except to the extent provided by law, we shall not be held accountable for any lost profits, revenues, or data, cost of substitute goods or services, or any indirect, special, consequential, exemplary, or punitive damages, however caused and regardless of the theory of liability, related to 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 allowed by law, our total liability for any claim related to or arising out of these terms or your use of the Products, App, or Service, is limited to the amount paid by you for the Product in the 12 months before the claim arose.


Refund Policy

All items sold are not refundable.  In the event of material defect, damage, missing or incorrect parts received, these matters must be reported immediately within 48 hours either to the re-seller where you bought the item or to us through our email: info@findme.ph.  The customer shall shoulder the freight cost of shipping the item back to our office.  He must take extra care to pack the item in such a way as to protect it from damage that it may sustain during transit.  We shall not be held responsible if the item is damaged during shipment.  On our end, we shall ship back the item to the customer and shoulder the freight cost.  Once you have submitted your claims, we shall contact you within 1 business day on how to process your claim.

General Provisions
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to or application of conflicts of law rules or principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Contacting Us
If you have any questions about these Terms, please contact us at info@findme.ph.