Termes et conditions

These Terms of Use were last updated on February 17th, 2023.

Kindly review these terms of use thoroughly.

These terms of use are mandatory.

Welcome to the locateperso.fr website (hereafter referred to as the “Site” or “Website”). Flyin S.L.U. operates this website, with a registered address at Carrer Baixada del Moli, 28 4- 2 Andorra AD500 Andorra La Vella, Andorra La Vella and registration number NRT L716051T (hereafter referred to as “We,” “Us,” “Our,” or “Company”).

These Terms of Use (hereafter referred to as “ToU”) govern your access and use of the Site, the Locateperso SaaS (Software as a Service), and services provided by Company (collectively referred to as “Locateperso Services”) through or in connection with the Site.

By accessing the Site, using Locateperso, and/or Locateperso Services, you agree to be bound by these Terms of Use.

The Privacy Notice and Cookie Policy are integral parts of these Terms of Use.

Your use of the Site, Locateperso, and/or Locateperso Services indicates your agreement to these ToU and constitutes your binding acceptance of these ToU, including any modifications that we make from time to time. We will notify you of any modifications to the essential parts of the ToU and request implied consent. This means that if you continue to use the Software and Locateperso Services, you agree to these modifications.

By accepting these ToU, you, as the owner of the telephone number (or, in the case that it is your child's telephone number, as long as they are under 18 or the telephone number of a person whom you have authorized to monitor your child's mobile), provide your consent to receive SMS messages at the designated telephone number through the services.

Definitions

Locateperso
- A Software as a Service (SaaS) for geolocation is provided to individuals in a private capacity who have obtained prior consent from the holder of the telephone number being located, to locate a mobile phone.
Subscription
– Periodic payments for the use of Locateperso that occur on a regular basis.
Target device
– A mobile device such as a smartphone, tablet, or cell phone, is monitored by you using Locateperso.
Payment information
– Complete user identification, debit/credit card number, CVV, card expiration date, and any other necessary payment information required for Locateperso transactions.
Payment service provider
– A payment processor is a financial entity that handles the transactional aspects of processing electronic payments for Locateperso.
Subscription month
– A subscription period for which payment has been made and that spans one month on the calendar.

General provisions

To purchase and use Locateperso, you must create an account on the Site. During account creation, you'll need to provide your email address, password, and payment information.

By placing an order for Locateperso, you confirm and consent that you are 18 years old or above.

You acknowledge that we are not liable for any breach of third-party data on databases and/or DSN servers.

You are obligated to abide by all the applicable laws while using the Site or Locateperso. Nevertheless, any subsequent use of Locateperso is entirely your responsibility, and we disclaim any liability in this regard.

You are expected to adhere to all the instructions and documentation we provide to you on the Website.

You agree not to permit any third party to access your account or use the Locateperso. If you intentionally or unintentionally grant account access to a third party without your consent, you acknowledge that we are not liable for any such access.

Sharing or transferring of any account is prohibited. It is also prohibited to reveal your password to any other person.

It is required that you promptly inform us of any security breach or unauthorized usage of your account or if you suspect that your account password might have been compromised.

We shall not be held responsible for any damages or losses incurred as a result of any unauthorized usage of your account.

We retain the right to make changes, end, or reject the Locateperso Services for any reason, at any time, and without prior notice to anyone.

You acknowledge that we reserve the right, at our sole discretion, to suspend or terminate any license granted to you under this agreement and to disable the functionality of Locateperso for any reason and at any time. In such an event, any information that you have already accessed may become unavailable without prior notice.

If you have any technical inquiries, kindly reach out to the customer service team by emailing at [email protected].

After your subscription is confirmed, simply provide the mobile phone number you want to locate ("Recipient"). A text message will be sent to the Recipient, which contains the message you have previously composed and expresses your desire to track the specified mobile phone. The Recipient has the option to accept or decline this request at their sole discretion. Please note that We cannot guarantee the Recipient's acceptance of your geo-location request, and any refusal will not result in any liability or reimbursement on Our part to You. The SMS Recipient can include your own mobile phone or the mobile phones of your children, provided that they are under 18 and have been authorized by You to track their mobile devices.

We have the option to offer and resell products from third-party vendors (such as software, mobile applications, etc.). These products can be purchased either together with or separately from the primary subscription. The terms and conditions, privacy policies, end-user license agreements, and other relevant information associated with the use of third-party products will be provided by the third-party vendors themselves, and you can find them by clicking on the links provided on the appropriate pages of our website.

You should be aware that we are not responsible for these third-party products, and any use of them is solely your responsibility, even if we make a recommendation. If you have any questions or concerns regarding these products, including issues related to installation, usage, error fixing, etc., you should direct your inquiry to the appropriate vendor. We do not provide assistance on how to install or use these products, but you can obtain the necessary information from the vendor.

Upon your request, we will provide you with urgent contact information. For billing and other financial matters, please contact us via email at [email protected]. To obtain and install third-party products, you must follow the instructions provided to you after making a payment. These instructions will be displayed on the website and/or sent to you via email.

At Locateperso, we strive to assist all of our users. If you have any inquiries or concerns, you may contact us through our Live Chat or email services. It's important to note that our Live Chat and email assistance are completely free for you.

Please note that the target device must meet the following requirements:

  • Access to the internet, either through mobile connectivity or a Wi-Fi connection.
  • Availability of GPS.

Legal considerations regarding service operation: The act of requesting location data is only permissible for your personal phone, your children's phone if they are under 18, and for individuals whose mobile you have been authorized to trace. It is illegal to track someone else's phone without their explicit consent, and doing so is strictly prohibited. Additionally, in cases of emergency, such as when someone is missing, tracking without permission is not allowed. If Locateperso becomes aware of any violations of these regulations, your account will be blocked, and the appropriate authorities will be notified. Any remaining credits in your account will be invalidated.

Please be aware that the cost of the Locateperso subscription will be presented to you in EUR (or GBP, where applicable) by default, but you will be charged in your local currency. This means that currency conversions may apply.

Subscription and billing procedure

In order to become a subscriber to Locateperso, you must first register for an account and then proceed to place your order.

As you place your order, it is important to provide complete Payment Information.

The cost of the Locateperso subscription is outlined below:

Upon registering, you can avail of the Locateperso trial period for the duration of 24 hours, with a fee indicated on the Site. After the trial period, unless terminated within the 24-hour window, a subscription will be automatically activated and billed monthly at the rate specified on the Site. The subscription will renew automatically each month and your card will be charged unless terminated.

Unless you turn off auto-renewal at least 24 hours prior to the end of the current subscription month, your subscription will automatically renew. Failure to turn off automatic renewal in the "Billing" section of your account may result in us charging you for future subscription payments.

If you have not disabled automatic renewal, you will be charged for the upcoming subscription period at the beginning of the new period. You may cancel your subscription through your account settings or by contacting our support team via email. Please note that if you forget to turn off auto-renewal for the new subscription period, we cannot issue a refund.

Additional services can be purchased during a subscription payment, with the price and terms depending on the selected services.

All taxes are included in the prices mentioned above.

All services and products offered by Locateperso are prepaid. This means that we need to receive payment before activating and providing any billable services or products. In order to pay for recurring monthly subscription fees or one-time/multi-pay fees, you must maintain valid credit/debit card information on file. It is your responsibility to ensure that all contact information and credit/debit card details are accurate and up-to-date while using our services.

Your Locateperso subscription fee is not determined by your usage or lack thereof, but rather by the accessibility of Locateperso services.

Upon successful payment for a subscription, a payment notification will be sent to you by us. You can request all your receipts at any time.

Accepted payment methods.
We accept payment through all major debit/credit cards. If you wish to pay by any other means, such as check or wire transfer, you must obtain explicit written consent from us, which will be given at our sole discretion. To make a payment, you must provide your Payment Information. Payment is processed through our Site using credit cards (Visa, MasterCard, American Express). Our Site is equipped with a secure online payment system that enables you to encrypt the transmission of your bank data. We use an external supplier, for our payment process and do not store any data related to your details and bank cards. For more information on this subject, please refer to our Privacy Notice.

Kindly be informed that the processing of payments on behalf of the Company is handled by a third party provider.

Refunds and Returns
While we strive to ensure your satisfaction with Locateperso, refunds are not guaranteed in all circumstances. Your eligibility for a refund may depend on various factors, such as the time elapsed since the transaction. You may be eligible for a refund within 30 calendar days from the payment date. However, if you have used Locateperso during the trial period and failed to disable automatic renewal, resulting in being charged the full price and continuing to use Locateperso, you will not be entitled to a refund.

Security

Ensuring the confidentiality and protection of your personal information is of utmost importance to us.

You recognize and accept that you voluntarily disclose your personal information to the Company and the Payment Provider when you place an order for the Locateperso.

We encourage you to review our Privacy Notice for comprehensive information on how we handle and safeguard your personal data.

We have no control over, nor do we monitor or have knowledge of, how users utilize the Locateperso. As a result, we cannot be held accountable for any improper use. Such usage is entirely at the user's risk and responsibility.

You recognize that we do not endorse or condone any illegal use of the Locateperso by our users.

End user license conditions

License Limitations: You are granted a non-transferable, non-exclusive, and revocable license (the "License") by the Company to use the Locateperso within the defined scope.

Locateperso Intended for Lawful Purposes Only: The Locateperso is intended for lawful purposes only. You acknowledge that we cannot guarantee that recipients will accept your geo-location request, and any refusal will not create any liability or reimbursement rights on our part towards you. We cannot provide legal advice regarding your use of Locateperso and suggest consulting with your legal advisor before using it to ensure legality.

The Company owns all rights, titles, and interests in the Locateperso and any related information, improvements, enhancements, or derivatives, including all intellectual property rights associated with it. As a licensee, you do not acquire any ownership rights to the Locateperso. The use of the Locateperso is protected by copyright laws and international copyright treaties. The license only grants you the right to use the Locateperso and does not include any other intellectual property rights.

You acknowledge and agree that you are prohibited from: (i) transferring, leasing, renting, licensing, sublicensing, redistributing, assigning, or providing the Locateperso to any third party; (ii) reverse engineering, disassembling, or decompiling the Locateperso, in part or in whole; (iii) creating derivative works of the Locateperso, its updates, or any portion of it, or attempting to derive the source code, or modifying it; (iv) allowing any third party to use the Locateperso without prior written consent from the Company; or (v) reproducing the Locateperso.

Making any such attempt is deemed a violation of the terms of use and an infringement of the rights of the Company and/or other owners of copyright. In the event of a breach of this restriction, you may be subject to legal action and liable for damages.

In case you fail to comply with the aforementioned requirements, you will be held accountable in accordance with the relevant laws and international treaties governing the protection of intellectual property rights and copyrights. Moreover, any derivative software resulting from such violation shall be deemed the property of the Company from the moment of its inception.

During the term of the License, the Company may offer modifications, upgrades, updates, or additions to the Locateperso (hereinafter referred to as "Modifications"). Unless accompanied by a separate license, the terms of this ToU shall apply to any Modifications provided. If a separate license is provided with the Modification, the terms of that license will apply instead.

An internet connection may be required to use Locateperso. The Company shall not be held liable for any inability to access Locateperso caused by internet connectivity issues or unavailability.

Duration and Cancellation: The duration of this license agreement will be in effect for the same period as your subscription plan. During this period, you will be authorized to use the Locateperso. If you violate any of the terms of this ToU or your subscription expires, your license will be terminated automatically, and you will not receive any notice of such termination from the Company.

Intellectual property

Trademark: The Locateperso logo is a registered trademark and service mark used exclusively by Locateperso.

The use of Locateperso's trademark, service mark or logo without authorization is a violation of relevant trademark laws and international intellectual property laws in force.

Copyright. The Site and Locateperso are subject to intellectual property rights that are exclusively owned and vested in the Company or its licensors, and are protected by both the applicable law and international copyright laws.

You are not authorized to use or replicate any portion of this website or its contents without obtaining the prior written consent of Locateperso.

Images on this website that have been identified as Licensed Material are subject to restrictions, which include prohibiting downloading such material for any use other than personal, and forbidding republication, reproduction, retransmission or any other use of the Licensed Material.

Liability and warranties

The Related Parties, including Company, its affiliates, licensors, and business partners, disclaim any and all liability to the fullest extent permitted by law, whether arising from contract, tort (including negligence), strict liability, or any other legal theory. Furthermore, the Related Parties also disclaim all losses, including but not limited to direct, indirect, incidental, consequential, or special damages that may arise from accessing or using the Site and/or the Locateperso, even if they have been advised of the possibility of such damages.

Notwithstanding anything to the contrary in this agreement, including but not limited to any other limitation of liability provisions, under no circumstances shall the liability of the Company or any of the Related Parties exceed the greater of €40 or the amount that you paid to us or our designees during the six (6) months prior to the time the cause of action giving rise to liability arose.

As certain states or jurisdictions may not permit the exclusion or limitation of liability for incidental or consequential damages, the Company and its affiliates' liability in such states or jurisdictions shall be limited to the maximum extent allowable by law.

We are not liable for any unlawful or illegal use of the Locateperso and/or Site by users. The Locateperso and/or services are developed solely for security purposes and cannot be used in violation of the rights, freedoms, and interests of third parties. We are not aware of and cannot monitor how users use the Locateperso and/or services. If you become aware of any unlawful or illegal use of the Locateperso and/or services, please notify us, and we will make every reasonable effort to stop such use.

We shall not be held responsible for any issues arising from the use of third-party products purchased through our website, except for payment-related matters. Any requests or claims regarding the use, installation, error correction, removal, reinstallation, access, or other issues related to such products should be directed to their respective providers.

The use of the Site and the Locateperso is provided to you on an "as is" and "as available" basis, without any express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We do not guarantee the accuracy, completeness, or reliability of any content available through the Site or the Locateperso. Before relying on any information, you are responsible for verifying it. Your use of the Site and/or the Locateperso is at your own risk. We do not warrant that you will be able to access or use the Site and/or the Locateperso at the times or locations of your choosing, that the Site or the Locateperso will be uninterrupted or error-free, that defects will be corrected, or that the Site or the Locateperso are free of viruses or other harmful components.

BThe foregoing disclaimer may not apply to you in certain states or jurisdictions that do not permit the disclaimer of implied warranties.

Miscellaneous

You agree to defend, indemnify, and hold the Company and its related parties harmless from and against any and all claims, demands, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or resulting from your use of the Site and Locateperso or any violation by you of these ToU or any other policies we may establish for the Site and/or Locateperso usage from time to time.

These ToU may be assigned by us, either partially or entirely, to any individual or entity, with or without your consent, at any time.

You are not permitted to transfer or assign these ToU without obtaining our prior written consent, and any attempt to do so without our approval will be deemed invalid and of no effect.

In the event that any provision of these ToU is deemed invalid or unenforceable, the affected portion shall be removed, and the rest of the ToU shall remain fully valid and enforceable.

The Company's failure or delay to enforce the ToU shall not be construed as a waiver of its rights to enforce the ToU in the future.

Through the utilization of our website and/or Locateperso, you verify that you have perused and given your consent to abide by these Terms of Service, in addition to the Privacy Policy and Cookie Policy.

The Terms of Service, Privacy Policy, and Cookie Policy are subject to modifications at any time without prior notice, and the updated editions shall be accessible on the website.

In the event that you disagree with any aspect of these Terms of Service, it is advised that you discontinue the use of the website and/or Locateperso immediately.

Any explicit waiver by Locateperso of any provision, condition, or requirement outlined in these Terms of Service shall not signify a relinquishment of any future duty to adhere to such provision, condition, or requirement.

Any communication provided by you, or obligated under these Terms of Service, must be in written form and directed to:

All guidelines and additional materials hosted on the website are considered to be essential components of these Terms of Service.

Locateperso is provided with the understanding that we hold the right to discontinue any subscription and/or your entry to Locateperso at any moment, for any valid reason, including but not limited to any contravention of these Terms of Service.

We retain the authority to decline assistance to, or alternatively, cease providing assistance to any user, including but not restricted to an individual who tries to monitor the device of another person without their authorization. In such an instance, we maintain the right to prohibit all accounts linked to the user suspected of violating this policy.

These Terms of Service delineate specific legal entitlements. You may have additional rights under the legislation of your region or nation. These Terms of Service do not alter your rights under the legislation of your state or country.

These Terms of Service are governed by the laws of Andorra. In the event of any conflicts, the appropriate courts of Andorra shall be responsible for dispute resolution.

If the legislation in your region or country does not authorize you to utilize Locateperso, you hereby recognize and agree that you are personally responsible for any consequences that may arise.

The authentic and legally binding edition of this document is recorded in the English language and has been translated into other languages for the convenience of our non-English speaking users. If there are any inconsistencies between the English version and any translated versions, the English edition shall take precedence.

If you require additional information, please feel free to contact us through email at [email protected].