End User License Agreement
1. License to download. This Agreement constitutes a license for you, the Account Administrator (herein referred to as “User”), to download software owned by Vigilant: AI Screen Companion, Inc., which enables you to use Vigilant: AI Screen Companion’ Accountability and Filtering services (herein referred to collectively as “Accountability”), via their software and apps, as intended herein. Under the terms of this license, Vigilant: AI Screen Companion’ software, intellectual property, advertising, copyrighted material, or any other Vigilant: AI Screen Companion product are solely owned by Vigilant: AI Screen Companion, Inc., and may not be sold, sub-licensed, or otherwise transferred without the express written consent of Vigilant: AI Screen Companion. All Users of Vigilant: AI Screen Companion services must read and agree to the terms of this privacy policy and User agreement.
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2. Use of Vigilant: AI Screen Companion’ services by children. Children under the age of 13 must have consent of parent(s) or legal guardian to use Vigilant: AI Screen Companion Accountability and Filtering, or receive another User’s Accountability Report. All Accountability Partners (herein referred to as “Ally” or “Allies”) of children under the age of 13 must have consent of parent(s) or legal guardian to act as the child’s Ally.
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3. Acknowledgement of User to use and pay for services; payment schedule. You, as the User of Vigilant: AI Screen Companion services, agree that you are 18 years old or older and are the owner of all computing devices and mobile digital devices, or have been authorized by the owner of all said devices, on which Vigilant: AI Screen Companion’ software and apps are to be installed. Because other people may use said devices, it is incumbent upon you, the User, to ensure that all other Users of said devices have read and agree to this User-Privacy agreement. You also agree to pay a monthly or annual recurring fee for Vigilant: AI Screen Companion services, to be billed in advance. Credit cards may be charged in advance of the service, with the service date starting five to seven days before the day of the month in which you signed up for the service.
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4. Cancellation of service; identification of User. Service may be cancelled at any time by you, the User, for any reason or no reason at all upon notice to Vigilant: AI Screen Companion. Uninstalling Vigilant: AI Screen Companion’ software and apps does not constitute cancellation of service. In order to cancel, you must contact the Member Care team (via call, chat or email) or cancel via respective App Stores (Apple or Google Play), depending on your situation. Your account billing will continue and you will be held liable for payment until you receive direct communication from Vigilant: AI Screen Companion, confirming the deactivation and cancellation of your account. Vigilant: AI Screen Companion reserves the right to cancel service for breach of this contract. Moreover, Vigilant: AI Screen Companion, at any time, without advance notice, with or without cause, at its sole discretion, reserves the right to refuse, cancel, and/or discontinue service to any individual or organization. Failure on the part of you, the User, to provide payment for the service of Vigilant: AI Screen Companion will result in termination of service by Vigilant: AI Screen Companion, and until proper Uninstall procedures (provided by Vigilant: AI Screen Companion) are followed, may result in an inability to access the internet by computing devices owned and/or operated by User (for the purposes of this agreement, “computing device(s)” includes, among other things, all smartphones, tablets, and Windows and Mac® computers with Vigilant: AI Screen Companion software installed). In the event Vigilant: AI Screen Companion receives a request to verify any username or password, to cancel any account, or to receive the uninstall code, such will be provided upon our judgment (and solely upon our judgment) that the Account Administrator or other authorized person is the person making such request; it is your responsibility to ensure the security and accuracy of all identification information on your account (including your verification question and its subsequent answer) in this regard.
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5. 30-Day Money Back Guarantee. First-time users who cancel within the first 30 days of service are eligible for a full refund of the entire amount billed during that first 30 days. To receive the refund, the user must request it from the Vigilant: AI Screen Companion Member Care team. We will honor the guarantee even when the user requests the refund up to 60 days after the cancellation.
Users purchasing Vigilant: AI Screen Companion via In-App Purchasing are not eligible for the 30-Day Money Back Guarantee.
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6. Refund policy. Except in situations covered in 5. 30-Day Money Back Guarantee, in the event of termination by you, the User, charges already processed on monthly subscriptions will not be refunded once the term of service has begun. Charges already processed on annual subscriptions will be refunded on request at a prorated amount, so long as the request is received within 60 days of cancellation. All refunds are subject to service fees, which will not exceed the amount of one month’s billing on the account or 1/12 of the annual subscription fee. Vigilant: AI Screen Companion will only honor requests for refunds made by the User or the person whose name is on the account’s credit card. Any member creating accounts with the intention of bypassing accountability shall forfeit any right for a refund and is subject to service fees for each additional account created.
7. Lifetime License. A Vigilant: AI Screen Companion “Lifetime” license plan is a limited offer that provides you license to use the Accountability Service for Vigilant: AI Screen Companion for as long as that Service is available and supported. New types of content may be subject to new fees. Vigilant: AI Screen Companion may stop issuing new lifetime licenses at any time. You may not assign lifetime licenses to any other person. While Vigilant: AI Screen Companion anticipates that the Lifetime Service and Plan will remain available and supported for many years to come, Vigilant: AI Screen Companion makes no warranties as to the expected lifetime of its services or plans, and under a lifetime license plan, you acknowledge and agree that Vigilant: AI Screen Companion Services and Plans can change or terminate in the future. Lifetime licenses are subject to our 30-Day Money Back Guarantee as covered in 5 and excluded from other refunds. Lifetime licenses are otherwise subject to all other terms and conditions in these Terms.
8. Privacy; use of information provided to Vigilant: AI Screen Companion. Vigilant: AI Screen Companion is committed to protecting your privacy concerning any information collected under the terms of your agreement(s). In acknowledging your agreement with this policy, you, as the User, have agreed to allow Vigilant: AI Screen Companion to monitor and/or filter your use of your own computing device. You, the User, agree that your computing device use may be monitored and reported to you and/or your Allies; monitored device use includes, among other things, screen images, network activity, times of use, names and window titles of applications used, and may also include recording and reporting of additional Vigilant: AI Screen Companion accounts owned by you which may have different Allies. If one or more Allies are deleted, or if the account is canceled, Allies and Account Administrators may be notified of the change, and Allies may be provided with a then-current Report of activity up to the time of deletion or cancellation. In turn, Vigilant: AI Screen Companion promises that any information collected will only be provided to you or your Allies as per this agreement, except upon specific request by you or your active Allies, and limited to the purposes of said request.
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Additionally, while you are a member of a Vigilant: AI Screen Companion Community, Community Owners, and Managers will see the anonymized, aggregated statistics of the users in the Community who have installed Vigilant: AI Screen Companion software and apps, have Allies and use Filtering. Community Owners and Community Managers will see the names of Account Administrators and Billing Controllers of accounts that are a part of their Community and may see the names of other users on those accounts when that permission has been granted by the Account Administrator.
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Accountability data is kept for 30 days, after which it is permanently and irretrievably deleted from our databases. After deletion, the data cannot be recovered by Vigilant: AI Screen Companion. If a permanent record is desired, it is incumbent upon members and/or Allies either to make an electronic copy or hard copy of Accountability Reports or other data. Information which will be retained securely and indefinitely by Vigilant: AI Screen Companion includes names, usernames, passwords, billing information (including credit card), demographics (including IP addresses), and other account information.
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Except as noted above and in paragraph 14, use by Vigilant: AI Screen Companion will be expressly limited to internal use only for the purposes of database management or systems operations or improvement of the performance of our artificial intelligence algorithms. In addition, metadata concerning scores, timing of scores, applications generating images which are scored, and other metadata may be collected. In the event that Vigilant: AI Screen Companion uses any data, including images, collected for such internal purposes, no such data or images will be preserved in any format that is associated with your name or account.
Vigilant: AI Screen Companion will never share any information gathered under this contract with any third party unless requested by you, the User (for instance, your permission to share with your Ally is deemed as such a request), or unless required to do so by a court of law; this information includes all information regarding your device and internet use, images of your screen, demographic data, your personal address/phone/email information, your credit card information, or any other information gathered under the terms of this agreement. In the event that you sign up for Vigilant: AI Screen Companion’ software through any organization which is affiliated with Vigilant: AI Screen Companion (including Vigilant: AI Screen Companion’ affiliates, strategic partners, resellers, or licensees), you agree to any/all of the said organization’s User/Privacy Agreement(s), which may include the release of your personal contact information to said organization(s). In the event that the person signing up for Vigilant: AI Screen Companion’ software is different from the person, persons, and/or organization responsible for payment of the credit card used on the account, it is understood that the phrases “you,” “your,” and/or “you, the User” shall include the person, persons, and/or organization responsible for payment of the credit card used on the account.
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9. Restriction against re-selling license to use Vigilant: AI Screen Companion’ software. You, as the User, agree not to purchase and then resell Vigilant: AI Screen Companion’ software, nor include the Vigilant: AI Screen Companion’ software as any package which you otherwise sell or market, without express written consent of Vigilant: AI Screen Companion.
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10. Voluntary provision of information and agreement to disclose; protection of password. You, as the User, are voluntarily providing Vigilant: AI Screen Companion with certain information and with permission to monitor and record use of your computing device. You, as the User, agree that all users of your computing device and User ID will be informed that monitoring/recording is being made, and that in so being informed, other users will not have their privacy invaded. You should recognize the value of your User ID, and that casually allowing others to use your ID can lead to inappropriately ascribing computing device use to your own account; and you, the User, agree that Vigilant: AI Screen Companion is not responsible for maintaining the privacy of the User ID information either of you or your Allies (see also paragraph 4). Furthermore, as a Vigilant: AI Screen Companion Community Owner or Manager, allowing others to use your ID can lead to unauthorized changes to your Vigilant: AI Screen Companion Community configuration and settings as well as affording access to your members’ private information.
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11. Agreement to comply with laws and restrictions on harmful transmissions. You, as the User, agree that you will comply with all applicable laws regarding computing device use, both now and in the future as laws are generated which may affect use of the computing device. You also agree not to attempt to pursue in any way any transmission of information to Vigilant: AI Screen Companion servers or other equipment which could be harmful to its database or other functions. The transmission of any material in violation of any state or United States regulations is expressly prohibited, and will result in immediate termination of use.
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12. No warranty or guarantee of service. Vigilant: AI Screen Companion makes no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruption however caused. Vigilant: AI Screen Companion does not guarantee continuous or uninterrupted monitoring of computing device use or delivery of service. Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. Every effort will be made to perform routine maintenance at times of minimal impact to end users.
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13. Limitations on security of email transmissions. The security of any/all email messages sent by Vigilant: AI Screen Companion cannot be guaranteed as information on the Internet can be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. Vigilant: AI Screen Companion does not accept liability for any errors, omissions or viruses in the contents of email correspondence sent to you or your Ally which arise as a result of email transmission.
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14. Data provided not to be construed as interpretation of the data. Reports and other data provided by Vigilant: AI Screen Companion to you, the User, or to your Allies consist of data without interpretation. Like all monitoring and filtering programs, there are means of circumvention, so nothing in this agreement or in any other publications or correspondence by Vigilant: AI Screen Companion, Inc., shall be construed to imply that monitoring and/or filtering is performed 100% of the time, or is accurate 100% of the time. The analysis of images provided by Vigilant: AI Screen Companion’ proprietary rating procedures and algorithms is, in itself, data corresponding to results of those procedures and algorithms. Similarly, the summaries of Reports, which Vigilant: AI Screen Companion refers to as the “Report Evaluation,” are also data corresponding to a proprietary procedure and algorithm, and are not, nor are they intended to be, an interpretation of any data. Statements on the Report such as (but not limited to) “Concerning Screenshot,” “Unmonitored Screen Activity,” “No Concerns,” “Review Recommended,” and “Device Activity Missing” are summaries of data collected and given in the Report, and are based wholly on the data of individual device usage compiled for presentation in a Report, and do not indicate a pattern of behavior or intent on the part of the User. It is entirely up to you as the User and to your Allies to interpret the data (including the Report Evaluation) in terms of the actual content of any particular image or images, the appropriateness for the User viewing those images, or any motivation or pattern of viewing by the User.
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Our Reports are intended for use in personal recovery from pornography struggles. As such, Vigilant: AI Screen Companion does not endorse or support the use of Reports in a premeditated fashion for legal purposes, e.g. to build a lawsuit or as specific evidence of misuse of the Internet by parolees.
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Information displayed within a Vigilant: AI Screen Companion Community Owner’s or Manager’s administrative dashboard or interface contains a summary of activities within a Vigilant: AI Screen Companion Community, which Vigilant: AI Screen Companion refers to as “Pulse,” and are not, nor are they intended to be, an interpretation of any data.
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15. Disclosure as to accuracy of rating. Owing to the ever-changing nature of computing devices and the internet, no rating system and/or filter application will perform without error 100% of the time. Vigilant: AI Screen Companion does not accept liability and makes no warranties, express or implied, including, but not limited to, incorrect ratings, which may also result in incorrect blocking and/or allowing websites when the filter is in use, whether the rating is claimed to be too high or too low, of any/all website source code, websites, website domains, website URLs, website titles, screen images regardless of source, and electronic transmissions through any/all internet protocols. (Removed section)
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16. Report assistance request constitutes request to view Report. When a request by phone, email, or other means for assistance in understanding an Accountability Report is submitted by the User and/or other members on this account and/or an Ally, said request constitutes permission by you, the User, to allow Vigilant: AI Screen Companion to view said Accountability Report for the purpose of analysis. The said request itself shall be retained by Vigilant: AI Screen Companion indefinitely, but the associated Report will not be retained, in compliance with section #7 above; however, any portions of Reports included in email correspondence between the member or Ally and Vigilant: AI Screen Companion will be retained by Vigilant: AI Screen Companion for the purposes of documenting the correspondence. Vigilant: AI Screen Companion will not make interpretations of data provided in Reports.
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17. Indemnification, limit of liability. You shall indemnify Vigilant: AI Screen Companion, its shareholders, affiliates, officers, directors, licensees and licensers from any and all claims and expenses, including, without limitation, attorney’s fees arising from any cause. Furthermore, liability of Vigilant: AI Screen Companion shall in any case be limited to and shall not exceed the total amount of monies paid by you, the User, to Vigilant: AI Screen Companion for use of the Vigilant: AI Screen Companion software. The parties agree that any dispute arising from this agreement shall have as its venue Shiawassee County, Michigan, wherein are located the offices of Vigilant: AI Screen Companion.
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18. Amendments to this agreement. This Agreement may be amended from time to time by Vigilant: AI Screen Companion without notification to users; such amendments may be made either by changes in this Agreement on the Vigilant: AI Screen Companion website, or by email.