Terms of Service

Last updated: February 1, 2026

These Terms of Service ("Terms") govern your access to and use of BackWatcher (the "Application"), a desktop software application operated by CHAKER MEMMADI EI ("Company", "we", "us", or "our").

1. The Application

BackWatcher is a desktop software application provided to end users on a business-to-consumer (B2C) basis.

The Application may evolve over time through updates, improvements, bug fixes, or feature changes.

2. Eligibility

You must:

• Be at least 16 years old
• Have the legal capacity to enter into a binding agreement
• Use the Application in compliance with applicable laws and regulations

Use of the Application by minors under 16 is strictly prohibited.

3. License Grant & Restrictions

3.1 License Grant

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use BackWatcher for your personal use.

This license does not transfer ownership of the Application.

3.2 License Restrictions

You agree not to:

• Copy, modify, distribute, or create derivative works of the Application
• Reverse engineer, decompile, or attempt to extract source code
• Bypass, disable, or interfere with license checks or security mechanisms
• Share, resell, rent, or sublicense the Application
• Use the Application in a way that disrupts its integrity, security, or availability

Any violation may result in immediate suspension or termination of your license without refund.

4. Payments, Billing & Refund Policy

4.1 Payments

Some features of BackWatcher require payment.

• Payments are processed securely through third-party providers (including Stripe)
• We do not store raw payment card data
• Prices, taxes, and billing terms are displayed at the time of purchase

4.2 Digital Content & Right of Withdrawal (EU Law)

BackWatcher is a digital software product delivered immediately after purchase.

By completing a purchase, you expressly agree that:

• Performance of the digital service begins immediately, and
• You waive your 14-day right of withdrawal under EU consumer law (Article 16(m) of Directive 2011/83/EU) once license access is granted.

Accordingly, no refunds are due after license activation, except where required by law.

4.3 Refund Eligibility

Refunds may be granted only in the following cases:

• The Application is technically defective and unusable, and no fix is provided within a reasonable time
• A duplicate or erroneous charge occurred
• A refund is required by mandatory consumer protection law

Refund requests must be submitted to [email protected] with proof of purchase.

4.4 Non-Refundable Cases

Refunds will not be issued for:

• Change of mind
• Lack of use or dissatisfaction with features
• Hardware or system incompatibility where requirements were disclosed
• License termination due to violation of these Terms

4.5 Chargebacks & Payment Disputes

Unauthorized chargebacks or payment disputes may result in license suspension or termination.

Users are encouraged to contact us before initiating a chargeback.

5. Local Processing & Webcam Use

BackWatcher is designed with privacy by design principles.

When the Application uses webcam-related features:

• No webcam images or video streams are recorded, saved, or transmitted
• All image processing is performed locally on the user's device
• Webcam data is processed in real time only
• No screenshots, frames, images, or video files are stored on our servers
• No biometric or facial recognition data is collected or retained

At no point does BackWatcher upload webcam images or video data to external servers.

6. Website vs Application Behavior

• The BackWatcher website may use cookies and analytics technologies
• The desktop Application does not use cookies
• Application analytics are limited to technical and usage metrics and do not include visual, image, or webcam data

7. Updates & Availability

We may:

• Provide updates, patches, or new versions
• Modify or discontinue features
• Temporarily suspend access for maintenance or security reasons

We do not guarantee uninterrupted or error-free operation.

8. User Conduct

You agree not to use the Application to:

• Violate any law or regulation
• Infringe intellectual property rights
• Attempt unauthorized access to systems or data
• Circumvent technical protections
• Abuse licensing, analytics, or support systems

9. Intellectual Property

All rights, title, and interest in BackWatcher, including software, trademarks, branding, and documentation, remain the exclusive property of CHAKER MEMMADI EI.

10. Privacy & Data Protection

Your use of BackWatcher is governed by our Privacy Policy, which explains how personal data is collected and processed.

By using the Application, you acknowledge that you have read and understood the Privacy Policy.

11. Disclaimer of Warranties

The Application is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Accuracy or reliability of results
• Non-infringement

Use of the Application is at your own risk.

12. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, or consequential damages
• We are not liable for loss of data, revenue, profits, or business interruption
• Our total liability shall not exceed the amount paid by you for the Application during the 12 months preceding the claim

Some jurisdictions may limit the applicability of these exclusions.

13. Termination

We may suspend or terminate access to the Application:

• In case of violation of these Terms
• For legal or regulatory reasons
• To protect security or integrity

Upon termination, your license ends immediately.

14. Governing Law & Jurisdiction

These Terms are governed by the laws of France, without regard to conflict-of-law rules.

Disputes shall be subject to the exclusive jurisdiction of the competent courts of France, unless mandatory consumer protection laws provide otherwise.

15. Changes to These Terms

We may update these Terms from time to time. Continued use of the Application constitutes acceptance of the updated Terms.

16. Contact