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End-User License and Terms of Service Agreement

Last updated: September 2, 2020

Please read this End-User License and Terms of Service Agreement ("Agreement") carefully before clicking the "I Agree" button, installing or using Bodyguard, Virtual Defender ("Application").

By clicking the "I Agree" button, installing or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not install or use the Application.

License

Intelligent Designs LLC grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

a) commercially exploit the Application in any way;

b) modify, adapt, improve, enhance, create derivative works from or translate any part of the Application;

c) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;

d) violate any applicable laws, rules, or regulations in connection with Your access or use of the Application.

Modifications to Application

Intelligent Designs LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Related Agreements

By accepting this Agreement, you also agree to adhere to the Terms of Service spelled out below, and the Privacy Policy that accompanies the Application. This Agreement and the Privacy Policy can be accessed at any time from the Main Menu of the Application.

Terms of Service ("Terms")

Your access to and use of the Bodyguard, Virtual Defender Application and the associated Personal Security Network Service ("Service") is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Service Termination

Intelligent Designs LLC may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance either on a monthly basis or using a prepaid pay-as-you-go model. Full details regarding the available Subscription Tiers and Usage Models are available in the Subscriptions and Quotas Help sections, accessible from the Main Menu. Subscriptions are non-recurring, and you will not be billed unless you expressly authorize each payment.

Payments for the use of Bodyguard, Virtual Defender Application and the associated Personal Security Network Service are non-refundable. However, you may receive service credit under some circumstances. Your account must be in good standing for continued use of the Service.

Subscription Tiers, Levels, and the corresponding usage criteria, as well as the associated subscription prices may be changed at any time by Intelligent Designs LLC at the company's sole discretion.

All Subscription payment processing is performed by a third party -- Stripe. Please visit Stripe website at https://www.stripe.com to learn more about that company and their policies and procedures.

User Content

The Service allows you to upload, store, share and otherwise make available certain information, location data, audio, images, video, or other material ("User Content") as generated by the Application. Collectively, this User Content is also referred to as security data ("Security Data") in our Privacy Policy.

You are solely responsible for the content of any User Content, or any other use of the Service by you or by any person or entity you permit to access the Service (a "User"). You represent and warrant that you and any User will not use the services for unlawful purposes (including without limitation infringement of copyright or trademark, misappropriation of trade secrets, wire fraud, invasion of privacy, pornography, obscenity and libel), or to interfere with or disrupt other network users, network services or network equipment. Disruptions include without limitation distribution of unsolicited advertising or chain letters, repeated harassment of other network users, wrongly impersonating another such user, falsifying one's network identity for improper or illegal purposes, sending unsolicited mass e-mailings, propagation of computer worms and viruses and using the network to make unauthorized entry to any other machine accessible via the network. If Intelligent Designs LLC has reasonable grounds to believe that you or a User is utilizing the Service for any such illegal or disruptive purpose, Intelligent Designs LLC may suspend or terminate Service immediately without notice to you. You shall defend, indemnify, hold harmless Intelligent Designs LLC from and against all liabilities and costs (including reasonable attorney's fees) arising from any and all claims by any person arising out of your use of the Service, including without limitation any content.

User Content generated by the Application and uploaded to the cloud using the Service is temporary by its nature and is automatically removed by the Service on a periodic basis. You hereby affirm the right of Intelligent Designs LLC to automatically delete any and all User Content in accordance with Subscription Quotas as detailed in the Subscriptions Help and the Quotas Help sections accessible from the Application's Main Menu.

You acknowledge and agree that Intelligent Designs LLC is not responsible for any loss, damage, or corruption that may occur to User Content, and that User Content is never considered confidential. We have the right, but no obligation, to remove any User Content that, in our sole discretion, does not comply with the Agreement or violates any third-party Intellectual Property Rights. You hereby consent to such User Content removal and waive any claim against us related to User Content removal.

Links To Other Services

The Bodyguard, Virtual Defender Service may contain links to third-party web sites or services that are not owned or controlled by Intelligent Designs LLC. Intelligent Designs LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Intelligent Designs LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Disclaimer of Warranty

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE DEVELOPER OR THE DISTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

Limitation of Liability and Remedies

EXCEPT AS SET FORTH ABOVE, DEVELOPER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDES ANY WARRANTY THAT ANY SERVICES, MATERIALS OR PRODUCTS FURNISHED BY DEVELOPER ARE FIT FOR ANY PARTICULAR PURPOSE AND FURTHER SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY. THE STATED WARRANTIES, COVENANTS AND REMEDIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF DEVELOPER FOR DAMAGES OR OTHER RELIEF, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT IN ANY WAY ARISE OUT OF OR IN CONNECTION WITH THE USE AND/OR THE PERFORMANCE OF SUCH SERVICES, MATERIALS OR PRODUCTS FURNISHED BY DEVELOPER. IN NO EVENT SHALL ANY LIABILITY OF DEVELOPER TO DISTRIBUTOR PURSUANT TO THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY DEVELOPER FROM DISTRIBUTOR WITH RESPECT TO THE TECHNOLOGY (INCLUDING SOFTWARE) GIVING RISE TO THE LIABILITY.

Agreement Term and Termination

This Agreement shall remain in effect until terminated by you or Intelligent Designs LLC.

Intelligent Designs LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Intelligent Designs LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting your account and the Application and all copies thereof from your mobile device.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

Intelligent Designs LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please contact Intelligent Designs LLC at intelligent.designs.com@gmail.com

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