MB Smart

MB Smart Filtering

Terms of Service

Updated Thursday, December 12, 2024

Acceptance of Terms of Service

These Terms of Service (hereinafter also referred to as “Terms” or “Terms and Conditions”) govern your use of our programs, software, computer services, and web, app, and device filtering and monitoring services as they are currently constituted or as they may be updated or reconfigured in the future (hereinafter jointly also referred to as “Software” or “Services”).

By accessing, registering for, downloading, and/or using our programs, software, or services in any manner, you (hereinafter also referred to as “User” or “Customer”) agree to the Terms of Service and all other operating rules, policies, procedures, or regulations herein and as they may be published or updated from time to time by MB SMART FILTERING LLC (hereinafter also referred to as “MB,” “Company,” “Provider,” or “Us”). Certain of the Services may be subject to additional terms and conditions as may be specified by MB from time to time. Your use of our Software is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These Terms of Service apply to all users of our Software, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

A. Use of Software:

You may use our Software only for legal purposes and in accordance with these Terms. By using our Software, you agree that:

a. You will not use our Software in any way that violates any applicable federal, state, local, or international law or regulation;

b. You are responsible for all activity in connection with the Software that occurs on your device including third party activity.

c. The Customer shall not, and shall not permit any third party to:

i. Copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or create derivative works of the Software;

ii. Remove, alter, or obscure any proprietary notices or labels on the Software; iii. Use the Software in any manner that infringes or misappropriates the intellectual property rights of MB or any third party.

d. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted by us in relation to the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page; (vi) harvest or scrape any content or information from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

e. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation, any application), (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

f. You warrant that you own the devices being monitored through use of the Services and/or have the consent of the parties who own or use the devices being monitored. You also agree to not monitor or manage any devices using the Services that are used or owned by neither your children or other dependents nor individuals consenting to the use of the Services on their devices.

g. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

h. Any feedback, suggestions, or improvements provided by the Customer related to the Software (“Feedback”) shall become the sole property of MB and MB shall have the unrestricted right to use such Feedback for any purpose without obligation or compensation to the Customer.

B. Intellectual Property Protection:

a. Ownership of Intellectual Property. All intellectual property rights, including copyrights, trademarks, patents, trade secrets, and any other proprietary rights, in and to the Software, its components, underlying code, documentation, and any modifications, updates, or derivatives (collectively, the “Intellectual Property”), are and shall remain the sole and exclusive property of MB or its licensors.

C. Software Function and Use of Information:

a. Purpose and function. The purpose and function of the MB Software is to monitor, filter, and block certain capabilities of your device either internally or in its connectivity to other devices or the world wide web and other such programs or both. In order to achieve this end, you give up control of your device to MB and its Software thereby making MB the device manager. By using our Software, you voluntarily give up this control.

b. Installation. The installation and uninstallation of MB’s Software is usually handled by third parties. As such, MB does not control any aspect of the installation or the uninstallation of its Software and is not responsible for any errors, loss, or damage that may be associated with these processes.

c. License to use. Subject to the terms of this Agreement, the Customer is granted a non-exclusive, non-transferable, revocable license to use the Software solely for its intended purpose as described herein. This license does not convey ownership of any Intellectual Property rights to the Customer.

d. Payment and fees. The use of our Software requires the payment of fees. You agree to pay all fees and charges incurred in connection with your use of our Software. You further acknowledge and agree that the fees may change from time to time and at the sole discretion of MB. You will receive a Notice of such fee changes before they are applied and will have the opportunity to cancel the Software. Continued use of the Software after the effective date of any fee changes constitutes acceptance of such fees and an agreement to pay them in the manner set forth herein or in such other agreement as may apply. Unless otherwise stated, all fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities.

e. Failure to pay. Failure to pay the fees by their due date will result in the suspension and/or termination of your access to the Software. ONCE ACCESS TO THE SOFTWARE IS TERMINATED THE DEVICE MAY BECOME BLOCKED AND ALL FEATURES MAY BE INOPERABLE. THIS MAY INCLUDE EMERGENCY FEATURES SUCH AS DIALING EMERGENCY SERVICES. IN ORDER TO AVOID ANY SUCH PROBLEMS, YOU MUST ENSURE THE SOFTWARE IS UNINSTALLED PROPERLY. YOU MAY GO TO A THIRD PARTY (SUCH AS THE THIRD PARTY THAT INSTALLED THE SOFTWARE) TO UNINSTALL THE SOFTWARE FROM YOUR DEVICE. We will attempt to notify you before this happens so that you may address the matter before the device is blocked. However, the responsibility to get the Software uninstalled before the device is blocked is solely yours and you hereby expressly waive and hold MB and its Affiliates (defined later) harmless from any damage or loss that is caused, directly or indirectly, by the blocking of your device and your lack of access to it and its functions.

f. Cancellation. You may cancel your subscription to the Software at any time by emailing MB. You may also cancel your subscription to the Software by contacting the third party entity that installed the Software on your device. However, cancellation through a third party entity will only be effective once the third party contacts MB and provides notice of the cancellation request. Should you choose to cancel your subscription, you must uninstall the Software from your device (the entity that installed the Software will usually be able to uninstall the Software). Failure to have the Software uninstalled will result in your device being blocked at the end of the applicable term.

g. Refunds. Except as expressly stated in the Terms, all fees are non-refundable, including cases of termination, cancellation, or non-use of the Software.

h. Auto-renewal of Software use. Unless you opt out of auto-renewal, any subscription services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current, non-promotional rate. You may cancel your subscription to the Software, the auto-renewal, or otherwise change your subscription, at any time by emailing MB. You may also cancel your subscription of the Software by contacting the third party entity that installed the Software on your device. However, cancellation through a third party entity will only be effective once the third party contacts MB and provides notice of the cancellation request. If you terminate Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for a then-current subscription period.

i. Third party services. The Software may permit you to link or access other websites, services, programs, software, or resources on the Internet. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.

D. Privacy and Personal Information.

a. Voluntary provision of information and agreement to disclose; protection of password. You, as the user, are voluntarily providing MB 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 MB is not responsible for maintaining the privacy of your user ID.

b. Collected information. MB may collect the following types of personal information from you:

i. Contact Information: When you sign up for our Software, we may collect your name, email address, phone number, and other contact information.

ii. Usage Information: We may collect information about how you use our Software, such as the websites and apps you visit, the times and dates of your visits, information you input into such websites or apps, your IP address, and other information as may be collected by the website, proxies, or the Software. Some versions of the Software also collect and manage other personal information from your device such as photographs or other information you save on your device.

iii. Device Information: We may collect information about the devices you use to access our Software, including the type of device, its operating system, and browser type.

iv. Payment Information: If you choose to purchase our Software, we may collect your payment information, including your credit card number, billing address, and other payment details.

g. Use of Information. We may use your personal information for the following purposes: To provide you with our web and app filtering Software; to improve our Software and customize your experience; to communicate with you about our Software, including updates and promotions; to process your payments and manage your account; to comply with legal requirements and enforce our policies; to provide you with information about other products or services in which you may be interested.

h. Rights. You have the right to: opt out of receiving promotional emails from us; request access to personal information we have collected from you; request that we delete personal information.

i. Sharing of Information. We may share your personal information with the following types of third parties:

i. Service Providers: We may share your information with third-party service providers who help us provide our Services, such as payment processors and hosting providers.

ii. Business Partners: We may share your information with our business partners to offer you promotions and other benefits.

iii. Law Enforcement: We may disclose your information to law enforcement agencies or other government entities as required by law.

iv. We may sell or otherwise use aggregate data for other purposes but we will not sell or use your personal data in any manner except as described in these Terms.

E. Assumption of Risk, Indemnification, and Limitation of Liability. The Customer acknowledges and agrees that the use of MB’s Software, programs, apps, installation or uninstallation service, and/or any other service we currently provide or which we may provide in the future, involves inherent risks, including but not limited to: (a) The potential for software defects, bugs, or errors; (b) Vulnerabilities to cybersecurity threats or unauthorized access; (c) Compatibility issues with third-party systems or hardware; (d) Downtime, interruptions, or delays in the operation of the Software or your device.

a. Assumption of risk: By using MB’s Services, software, programs, and/or apps, the Customer expressly assumes all risks associated with its use

b. Customer responsibility: The Customer accepts sole responsibility for evaluating the suitability of the MB’s Services, software, programs, and/or apps for their intended use and assumes all risks associated with their deployment, configuration, and operation, including the risks of data loss, corruption, or unauthorized disclosure.

c. No Guarantee of error-free operation: The Customer acknowledges that no software can be completely free of defects or vulnerabilities and that MB does not guarantee uninterrupted or error-free operation of MB’s Services, software, programs, and/or apps.

d. Mitigation measures: The Customer is responsible for implementing and maintaining appropriate safeguards, including: (a) Regular data backups; (b) security measures to protect against unauthorized access; (c)policies and procedures for the use of the Software in accordance with applicable laws and regulations.

e. Indemnity for customer use: The Customer agrees to indemnify and hold harmless MB from any claims, losses, or damages directly or indirectly arising from or caused by, the Software, the Customer’s use of the Software, and/or the installation or uninstallation of the Software from the device regardless of whether the Customer took mitigation measures to avoid such damages.

f. Indemnification of MB and its Affiliates. You shall defend, indemnify, and hold harmless us and each of our and their respective employees, contractors, directors, suppliers and representatives (“Affiliates”) from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, or otherwise from your user content, violation of these Terms of Service, or infringement by you, or any third party using your account or identity in the Services, of any Intellectual Property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

g. Limitation of liability. in no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of the greater of (a) fees paid to us for the particular services during the immediately previous three (3) month period or (b) $500.00.

h. Waiver of warranties. To the maximum extent permitted by applicable law, the Software is provided “as is” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty arising from course of performance, course of dealing, or usage of trade. Any implied warranties that cannot be disclaimed are limited to the minimum extent permitted by law.

F. Miscellaneous.

a. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

b. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. We may also provide Notice to you via the app, website, or pop-up, or by email or text to whichever email address and telephone number you have provided us.

c. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and MB with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MB with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder

d. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

e. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

f. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

g. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

h. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.

i. Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of user content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

j. Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.