Terms of Service
ACCEPTANCE OF TERMS
In what follows “Future Decoded” and “We” refer to SC Future Decoded SA, the company from Bucharest, Romania. The Smartalytics Service (or “Service”) refers to the Smartalytics mobile applications. The Smartalytics service is a venture of Future Decoded. This is a legal agreement (“Agreement”) between You and Future Decoded, for use of the Smartalytics service. Through this Agreement, You acquire a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service on any mobile device that you own or control.
“You” refers to any individual who agrees to approve these terms of service by clicking “OK” in the Smartalytics mobile apps or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You do not agree with the terms of this Agreement, do not click “OK” and do not use the Service, click “Cancel” to exit the mobile application. Future Decoded reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. Future Decoded (including its affiliates and subsidiaries) hereby grants You permission to use the Smartalytics service for non-commercial purposes, subject to these Terms.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service through the World Wide Web, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In order to use the Service mobile applications you will need a phone with the ability to access network data.
HARVESTING OF DATA
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Smartalytics Service in a manner that sends more request messages to the Smartalytics servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
You agree not to collect or harvest any information from the Smartalytics Service (other than information made available by Us), nor to use the Smartalytics Service for any commercial purposes. You may not hack or otherwise modify the code of the Smartalytics application. You may not send requests to the Smartalytics servers purporting to be from the application that are not from the application. You agree not to sell, resell any portion of the Smartalytics Service, use of the Smartalytics Service, or access to the Smartalytics Service without the express permission of Smartalytics. You may not send spam or transmit any content that contains software viruses or other harmful computer code, or disrupt servers or networks connected to the Smartalytics Service.
Future Decoded has the right to terminate Your access to the Smartalytics Service, at its sole discretion.
PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS/THIRD PARTY CONTENT
The content on the Service, including without limitation, the Android application, signal data, text, graphics, skins, and icons (“Content”) and the trademarks and logos (“Marks”), are owned by or licensed to Future Decoded. Content on the Smartalytics Service is provided to You “AS IS” for Your information and non-commercial use only and may not be used for any other purpose without Our prior written consent. We reserve all rights not expressly granted to You. You agree not to circumvent, disable or otherwise interfere with security-related features of the Smartalytics Service. Future Decoded makes no representations or warranties regarding the accuracy or completeness of the information provided by the Smartalytics service.
The Smartalytics Service may contain links to third party websites that are not owned or controlled by Future Decoded. Future Decoded assumes no responsibility for any third-party website, and you release Future Decoded from any liability arising from Your use thereof.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Future Decoded, its affiliates, suppliers and any other party authorized by Future Decoded to resell, distribute, or promote the Service (“Resellers”), and under such circumstances Future Decoded, its affiliates, suppliers and Resellers will be entitled to equitable relief, including, but not limited to, preliminary and permanent injunctive relief.
NO WARRANTIES OR REPRESENTATIONS BY FUTURE DECODED
The Smartalytics service (including the content and any other services provided thereby) is provided “as is” and without warranties of any kind including without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. The content may not be current, accurate or complete, and Future Decoded does not guarantee that the Smartalytics service will be free of bugs, security breaches, viruses, or that it will always be available.
You agree to indemnify, defend and hold harmless Future Decoded, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred, poor reception, use of network data, or any problems arising from incorrect or incomplete data) arising from Your use of the Service or Your violation of this Agreement.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content.
The Service allows You the possibility to test your phone’s seven (7) main functionalities (namely communications, sensors, battery, sounds, screen, hardware and camera) in order to evaluate if your phone components are operating properly.
You may choose to undertake a complete phone evaluation, by pressing the button “Run Full Check”, or just pick manually the test you want to run.
The Service can perform the above tests both automatic and manual, based on the test You choose. We can test manually for example, touchscreen, display, speaker (we’ll play a number of sounds and You have to count them), wired headphones, light sensor, proximity sensor, compass, charger, physical buttons, flashlight. The automatic test comprise, for example, battery autonomy (records of battery consumption on the last 7 days), battery health, battery temperature (average on 7 days), SIM status (registered/not registered), Wi-Fi and Bluetooth (we scan if we can find devices nearby), Internet connection (check if there is connectivity to certain servers).
The results of these tests are generated by the Service in the form of a report (the “Report”), which also includes your phone’s IMEI number. Such Report is available to You and our servers.
You may choose to share the Report with your friends, third parties or to publish it.
We use the Reports received for the purposes described below:
- to create a global database ascertaining the performance of phones tested through our Service;
- to publish aggregate data regarding phones’ performance results based on criteria like phone models or phones hardware components (e.g. battery autonomy under 12 hours on specific phone models);
- to make available to our partners aggregate phone data based on phone models.
In what follows “Future Decoded” and “We” refer to SC Future Decoded SA, the company from Bucharest, Romania. The Smartalytics Service (or “Service”) refers to the Smartalytics mobile applications. The Smartalytics service is a venture of Future Decoded.
“You” refers to any individual who agreed to approve the Smartalytics Terms of Service by clicking “OK” in the Smartalytics mobile apps or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity
Future Decoded has a profound respect for user privacy. This policy explains the privacy practices of our Service. It describes how Future Decoded collects and uses information that You provide to Us.
In this policy, the term ‘Personal Information’ (or ‘personally identifiable information’) means any information that, with reasonable efforts, may be used to identify you, such as a first and last name, home address and email address.
PERSONAL INFORMATION THAT YOU PROVIDE
Your Personal Information may be collected when Future Decoded exchanges communications with you, for example, if you submit a request, contact Smartalytics ‘s support team, or report a violation to the abuse team. We will use your Personal Information exclusively for the purpose of handling your request.
LOCATION BASED, SMARTPHONE AND NETWORK DIAGNOSTIC INFORMATION WE COLLECT
When you use your mobile device with a copy of the Smartalytics Application installed, Future Decoded collects your location, smartphone and network diagnostic information. Future Decoded makes commercially reasonable efforts to permanently remove or obscure your identity so that information collected is not linked to an identifiable person.
Future Decoded uses that information to provide you and other users with the Services. Future Decoded may make use your location and/or diagnostic information to create aggregated anonymous data and to use such data in accordance with this policy (please refer to use of aggregated information chapter hereunder).
OPTING OUT OF LOCATION AND NETWORK DIAGNOSTIC INFORMATION SERVICES BY UNINSTALLING THE APPLICATION OR CHANGING SETTINGS
At all times you may stop the application from collecting information from the settings menu. Following the turning off the data sharing menu, We will not be able to collect any further location, smartphone or network diagnostic information from You.
INTEGRATION WITH SOCIAL NETWORKS
You may choose to have personal information and other content about you available from Smartalytics, including your location and submitted network information, transmitted to and shared through your social network account.
The app does use third party services that may collect information used to identify you.
META-DATA THAT WE COLLECT
Future Decoded collects information about the use of the Services. For example, Smartalytics may record the frequency and scope of your use of the Services, the duration of your sessions, the Internet protocol (IP) address and the name of the domain that serve you to access the Services, and the geographic location of the smartphone that you are using to log-in. Such data is usually automatically collected and stored in log files of the Services’ servers. Future Decoded makes commercially reasonable efforts to permanently remove or obscure your identity so that information collected is not linked to an identifiable person.
HOW DOES FUTURE DECODED USE AGGREGATED INFORMATION?
Future Decoded may use anonymous, statistical or aggregated information to properly operate the Services, to improve the quality of the Services, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes.
Future Decoded may also use anonymous, statistical or aggregated information collected on the Services, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to the Services’ providers, partners and any other third party.
Future Decoded will retain location and device information in anonymized format for the duration it deems necessary for its reasonable business needs.
Future Decoded considers information security to be a top priority. We implement systems, applications and procedures to secure your information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although Future Decoded takes great efforts to protect your information, We cannot guarantee and you cannot reasonably expect that the Smartalytics’s databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
Future Decoded may from time to time change the terms of this policy. Substantial changes will take effect 30 days after Future Decoded has posted an initial notification on the Website’s homepage or any other relevant web pages. Other changes will take effect 7 days after their initial posting on the Website. However, if Future Decoded amends this policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the terms of this policy. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.