Terms of Service

AbesShield Accountability • Effective date: March 15, 2023 • Contact: [email protected]

1. Who we are and these Terms

These Terms of Service govern your access to and use of AbesShield's websites, applications, reports, account tools, and related services (together, the Service). The Service is provided by Rishon Group Ltd, trading as AbesShield Accountability, registered under company number 12693588, with a postal address at 67 Windsor Road, Manchester, M25 0DB, United Kingdom. By creating an account, starting a paid subscription, installing or using the Service, or allowing a device to remain enrolled in the Service, you agree to these Terms. If you do not agree, you must not use the Service.

2. Eligibility, authority, and consent

You must be at least 18 years old and legally capable of entering into a binding agreement, or have authority from a parent, guardian, employer, or other lawful device owner to do so. You must only use the Service on devices you own or are authorised to administer. You are responsible for ensuring that each person who uses an enrolled device has been given any notices and obtained any consents required by law. You must not use the Service for covert, deceptive, unlawful, abusive, or non-consensual surveillance. The Service is intended for voluntary accountability and related self-management purposes, not for law-enforcement, evidential collection, workplace monitoring without required notice, or any emergency, life-critical, or safety-critical use.

3. What the Service does

The Service is designed to support digital accountability. Based on the current technical implementation, it may generate a device connection key, create account and device records, issue one-time passcodes for sign-in and account updates, configure a device-specific proxy or policy file, collect randomly captured screen images and related device metadata, maintain device status and tamper indicators, generate PDF reports, and email those reports to the user’s chosen guardian or, if no guardian email is available, to the user. Screen captures are intended to be blurred on the device before transmission. Reports may include blurred images, capture counts, device status, and tamper or suppression indicators. You acknowledge that large text, shapes, or other visible elements may still be recognisable in a blurred image. The Service is a support tool only. It does not guarantee abstinence, behavioural outcomes, relationship outcomes, content blocking success, content detection success, uninterrupted access, or that all objectionable, explicit, or unwanted material will be detected, blocked, reported, or retained.

4. Accounts and credentials

You must provide accurate and current information, including your email address and the identity of any guardian you nominate. You must keep your login credentials, connection key, device access, and email account secure. You are responsible for all activity occurring through your account, devices, or credentials unless caused directly by our own proven breach of these Terms. We may rely on the email address, session token, connection key, one-time passcodes, and other account signals associated with your account when processing instructions, verifying identity, or sending reports.

5. Subscription, billing, and Stripe

Paid access is offered on a recurring subscription basis unless otherwise stated at checkout. Charges are billed in advance through Stripe or another payment method we make available. By starting a subscription, you authorise us and our payment processor to charge the recurring fees, taxes, and any other clearly disclosed amounts associated with your selected plan using the payment method you provide. Pricing, billing interval, trial terms, discounts, and promotional terms are those displayed to you at checkout or in your Stripe-hosted billing flow. We may change pricing for future billing periods by giving notice required by law or through the billing interface before the new price takes effect. If a payment fails, is disputed, is reversed, or cannot be collected, we may suspend or terminate paid features, revoke access, or restrict use until the account is brought current.

6. Renewals, cancellation, and account closure

Subscriptions renew automatically until cancelled. Cancelling stops future renewals but does not itself retroactively reverse charges already validly incurred for the then-current billing period, subject to your Refund Policy and any mandatory legal rights. Uninstalling the software, removing shortcuts, or ceasing to use the Service does not by itself cancel your subscription. Cancellation must be completed through the method we make available, such as your account portal, Stripe customer portal, app store subscription tools where applicable, or written notice to support. We may suspend or terminate all or part of the Service immediately if you breach these Terms, misuse the Service, create unacceptable legal, fraud, or security risk, or where we are required to do so by law or service-provider requirements.

7. Acceptable use restrictions

You must not: (a) interfere with or attempt to bypass the Service, reporting, DNS or proxy behaviour, authentication, subscription controls, or any tamper detection; (b) reverse engineer, copy, resell, or create derivative services from the Service except where non-excludable law permits; (c) use the Service in violation of any law, third-party right, or platform rule; (d) upload malicious code or attempt unauthorised access; or (e) use the Service to monitor others without a lawful basis and any required notice or consent. We may investigate misuse, preserve relevant logs where appropriate, and cooperate with law-enforcement or regulatory requests where legally required.

8. Reports, filtering logic, and service accuracy

The Service relies on software, device permissions, network conditions, DNS behaviour, operating-system behaviour, image processing, and third-party infrastructure. Because those systems change continually, the Service may miss activity, over-report activity, misclassify activity, show incomplete information, delay reporting, or fail to capture, send, or display data. Any reports, scores, indicators, status labels, or tamper flags are informational tools only. They are not professional advice, forensic conclusions, or definitive proof of what a person did, intended, viewed, or attempted to do. You remain solely responsible for how you interpret reports and for any actions you or a guardian take in response to them.

9. Third-party services and infrastructure

The Service may rely on third parties such as Amazon Web Services for hosting and storage, Brevo or similar providers for email delivery, Stripe for billing, and domain or DNS providers. Third-party services are outside our reasonable control and may have separate terms and privacy practices. We are not responsible for outages, data loss, delay, interception, incompatibility, or other failures caused by third-party services, internet connectivity, app-store rules, email filtering, operating-system changes, user configuration choices, or device-level security weaknesses.

10. Intellectual property

We and our licensors retain all rights, title, and interest in and to the Service, including all software, workflows, text, branding, reports, website content, graphics, designs, databases, and improvements. Except for the limited right to use the Service in accordance with these Terms, no licence or right is granted to you by implication or otherwise.

11. Privacy and data handling

Your use of the Service is also governed by our Privacy Policy. By using the Service, you instruct us to process account data, device identifiers, authentication records, billing records, screen captures, device metadata, and report data as described in that policy and as necessary to provide the Service.

12. Warranties disclaimer

To the fullest extent permitted by law, the Service is provided on an 'as is' and 'as available' basis. We disclaim all implied warranties, conditions, and representations, including merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and that the Service will be uninterrupted, error-free, secure, or effective for your particular goals. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded under applicable consumer law.

13. Limitation of liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded. Subject to the previous sentence, we will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss, or for any loss of profits, revenue, business, goodwill, data, use, privacy, opportunity, or reputation, even if we were advised that such loss was possible. Subject to the first sentence of this section, our total aggregate liability arising out of or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, or otherwise, will not exceed the lesser of: (a) the total subscription fees actually paid by you to us for the 12 months immediately preceding the event giving rise to the claim; and (b) GBP 100. You acknowledge that pricing for the Service reflects this allocation of risk and that the Service is not priced or offered as an insured, safety-critical, evidential, or guaranteed monitoring product.

14. Indemnity

To the fullest extent permitted by law, you will indemnify and hold harmless us, our affiliates, officers, directors, employees, contractors, and licensors from and against losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your unlawful use of the Service, your breach of these Terms, your violation of any third-party right, or your use of the Service on a device or in a context where you lacked lawful authority.

15. Governing law and disputes

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales. If you are a consumer, you may bring proceedings in the courts of England and Wales or, where mandatory law allows, in the courts of the part of the United Kingdom in which you live. If you are not a consumer, the courts of England and Wales have exclusive jurisdiction.

16. Changes to the Service or these Terms

We may update the Service and these Terms from time to time, including to reflect changes in law, payment requirements, technology, or our business practices. The updated version will apply from the effective date stated on it. Where legally required, we will give advance notice of material changes.

17. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force so far as permitted by law. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign or transfer our rights and obligations as part of a corporate restructuring, financing, acquisition, or sale of business assets.