Terms of Use

 

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PLEASE READ THIS TERMS OF USE CAREFULLY.

 

THESE TERMS AND CONDITIONS ARE BINDING.

 

We are updating our Terms of Use:  Our updated Terms of Use will be effective on January 16, 2017.

By using the mSpy.com website and mSpy service you are agreeing to be bound by the following Terms of Use.

Welcome to the mSpy.com website (hereinafter - the “Site”).

These Terms of Use (hereinafter - the “ToU”) describe the terms and conditions applicable to your access and use of the Site and the mSpy.com website software (hereinafter - the “Software”) made available through or in connection with the Site (hereinafter - the “Service”). These ToU set forth the terms and conditions under which mSpy provides you access to the Site and the Service.

In this ToU “mSpy”, “we”, “us” and “our” means mSpy.

 

YOUR USE OF THE SITE AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THESE TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOU, INCLUDING ANY MODIFICATIONS THAT MSPY MAKES FROM TIME TO TIME.

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1.    Principal Points

  • The Site and the Software of mSpy shall be used only with the aim of (i) parental control of children, (ii) by employers to monitor the devices, which belong to them and on which the employees work, (iii) on a device, which is of a user’s ownership, (iv) by a user with a consent of the device owner.
  • To purchase and use the Software you should create your account by completing the Billing Information and the Payment Method by providing your personal information.
  • mSpy only receives the information provided by you as your ID and email;
  • By providing your information while buying the Software you are aware that mSpy does not collect this information, it is the Payment Provider that receives payment details;
  • You are aware that mSpy is not responsible for any third party memory leak in databases and/or DSN servers.
  • You will not use the Site, Service in violation of any laws you are subject to. Notwithstanding the foregoing, mSpy is not responsible for your access or use of the Software.
  • You consent to mSpy before placing the order to read the Compatibility Policy and to check the requirements of your target device according to the Compatibility Policy.
  • You understand that you require a physical access to a device to install the Software.
  • You agree that mSpy is not responsible or liable in any manner for the installation by you of the Software to a target device.
  • You will properly follow all instructions and documentation provided by mSpy to you at mSpy.com;
  • You will not allow any other third party to access your account or to utilize the Software. In case the access your account was granted to a third party deliberately or by mistake or in any other way without your consent you acknowledge that mSpy does not bear the responsibility therefore.
  • You will only install the Software on devices for which you are the owner or you received a consent from such owner.
  • We reserve the right to modify, terminate or refuse the mSpy Service to anyone for any reason, without notice at any time.
  • We reserve the right to alter these ToU at any time.

 

 

  1. Subscription
  • To subscribe to the Service you should place the order.
  • The Service provides the defined Products to be ordered by a user. The Products’ packages depend on your device, the quantity of features, which you may choose and a subscription plan.
  • Under your account you may have several subscriptions.
  • While placing the order you should complete the Billing Information and the Payment Method by providing your personal information.
  • Following the purchase of the Software your credentials (login and password) will be sent to your email so you could enter your account/control panel.
  • You should download you private encryption key from your control panel or receive it to your email indicated in your subscription and keep it or remember it in case you could require to restore your access to the account and subscription(s).
  • You may choose the subscription plan for periods of 1 month, 3 months or 12 months.
  • You are aware that you may use the Software for more than one target device when purchasing one subscription plan, but you have to reinstall it on your own.
  • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current subscription plan.
  • In case you are not ticking off the auto-renewal for your order you will be charged for the next subscription plan period. You may tick off the auto-renewal in your control panel/account during the subscription period.
  • You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information.
  • You are solely responsible for the activity that occurs from your account, and you must keep your account password secure.
  • You may not share or transfer any account. You may not disclose your password to anyone else.
  • You must notify mSpy immediately of any breach of security or unauthorized use of your account and if you believe that an account password may have been compromised.
  • mSpy will not be liable for any losses caused by any unauthorized use of your account.
  • You may interact with the Service through your account/control panel by changing settings that are made available to you. You may enable auto-renewal for your placed order or turn it off.
  • You are responsible for all activities that occur under your Account.
  • You agree not to create or access an account using a false identity or information, or on behalf of someone other than yourself.
  • You agree not to create an account or use the Service if your Account has been previously removed by mSpy, or if you have been previously banned from the Service.
  • You have the right to cancel any account of yours at any time. You may cancel any account registered to you by following the instructions on the Site.
  • If you voluntarily terminate an account or allow that account to lapse, you may reactivate that account at any time through the control panel on the Site. Accounts terminated by mSpy for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason. Upon any termination or suspension of the Service, the monitoring of all devices on which the Software is installed shall cease and any information you have submitted on the Site or that which is related to your account may no longer be accessed by you.
  • In case you forgot your password to the Account you may restore the access with your private encryption key.

 

 

 

  1. Software application
  • The Software may only be used in connection with the Service and End User License Agreement , and rules, restrictions or documentation set forth by mSpy from time to time.
  • You understand that mSpy, in its sole discretion, may at any time for any reason suspend or terminate any license thereunder and disable the Software and information you may already have accessed to or installed without prior notice.
  • mSpy reserves the right to add or remove features or functions to the Software at any time in its sole discretion.
  • You may use basic features package on a device without it jailbreaking (iOS) or rooting (Android). In case you require more features in any other premium or phone and computer packages you will need to make a jailbreak (iOS) or root (Android), which is a legal procedure according to the final rule of the law Copyright and Related Rights Regulations 2003.
  • In case your device was unlinked from the Software due to update of your device operating system you may address customer service at  [email protected] for the relink. You should remember that you may lose the warranty for your target device operation system and when you relink it you do it at your own risk.
  • In case you have any technical question, please contact customer service at  [email protected] .

 

  1. Acceptance

 

  1. Security
  • mSpy cares about the integrity and security of your personal information.
  • You acknowledge that you provide your personal information to the Payment Provider while placing the order for the Product.
  • mSpy receives personal information of a user from the Payment Provider in the volume of user’s ID and email (login); a password is known only to a user.
  • mSpy stores in its database your personal information in encrypted way, it means mSpy does not have a direct access to such encrypted data. However, mSpy is not responsible for any third party memory leak in databases.
  • You agree that you are obliged to retain the private encryption key provided to you by mSpy.
  • mSpy stores user’s login in database. User’s password is not stored. We store only hash of the password generated by md5 hash function from user’s passwords.
  • mSpy does not collect downloaded logs and data from a target device with the use of the Software in case of an active account older than 3 (three) months. mSpy does not collect downloaded logs and data from a target device with the use of the Software in case of an expired account older than 1 (one) month.
  • mSpy does not store in its database all logs and data downloaded from a target device with the use of the Software in case of an active account for more than 3 (three) months period. Upon the expiry of this period all information gets deleted. In case of expired accounts all logs and data downloaded from a target device with the use of the Software gets deleted within 1 (one) month period.
  • In case of disclosure of such encrypted data mSPy may not be held responsible.
  • mSpy does not control, monitor and/or is not aware of the purpose a user exploits the Software application and mSpy may not be held responsible for an such use thereof. It is at a user’s risk and responsibility
  • You acknowledge that mSpy does not encourage its users to exploit the mSpy service illegally.

 

  1. Requirements to a user
  • When placing an order for the Product you acknowledge and agree that you are of the age above 18.
  • When installing the Software to a device you acknowledge and agree that you are a parent to your minor child.
  • When installing the Software to a device you acknowledge and agree that you are an employer and the employees’ device is owned by you.
  • When installing the Software to a device you acknowledge and agree that you own this device or you notified and received the consent from an owner of this device.

 

  1. Compatibility of target device
  • You are aware that before placing an order for subscription you have to read carefully the Compatibility Policy.
  • You are aware that before installing the Software you have to check the requirements of compatibility of your target device.
  • In case your device is not compatible with the Compatibility Policy you may not install and use the Software application.
  • In case you have failed to comply with Compatibility Policy before the subscription you agree that it is your responsibility and you will not be refunded.
  • In case you have failed to comply with Compatibility Policy before the installation you agree that it is your responsibility and you will not be refunded.
  • You understand that in case you require that your device be compatible with Compatibility Policy in order to use the Software you are to jailbreak or root your device correspondingly.

 

 

  1. Software Updates
  • In an effort to improve the Service, mSpy may update the Software application from time to time.
  • You acknowledge and agree that mSpy may update the Software with or without notifying you.
  • You acknowledge and agree that mSpy may request you via email or control panel to make such Software application update on a target device.

 

  1. Free Trials
  • Subscription to the mSpy Service may begin with a free trial period during which you can try out the Service for 7 (seven) days from the date you place the order (hereinafter – the “Free Trial”).
  • You are required to enter your billing information in order to place the order and subscribe for the Free Trial.
  • Upon the expiry of the Free Trial you will be automatically charged for the chosen package and next subscription plan unless you turn off the auto-renewal in you control panel/account.
  • You may cancel your Service use at any time during the Free Trial.
  • Upon cancelling you will immediately lose all access to the Service and any data and information stored within your account.
  • Any unused portion of the Free Trial period will be forfeited when you purchase a subscription plan.
  • mSpy reserves the right to modify, cancel or limit the Free Trial without notice at any time.

 

  1. Refunds and Returns.
  • Please review Refund Policy (cooling-off period). mSpy Software includes a money-back guarantee if you are not satisfied for any reason.
  • Your eligibility for a refund may depend on the Product package, subscription plan, duration since the transaction, etc.

 

  1. Links
  • The Site may contain links to websites operated by other parties.
  • mSpy provides these links to other websites as a convenience, and use of these sites is at your own risk.
  • The linked sites are not under the control of mSpy, and mSpy is not responsible for the content available on the other sites.

 

  1. Intellectual Property
  • Logos mSpy and My Spy are trademarks/service marks of Altercon LP.
  • Unauthorized use of any mSpy and My Spy trademark, service mark or logo is a violation of UK trademark laws and prevalent intellectual property laws.
  • The Site, Service and Software are protected by UK and international copyright laws.  
  • All intellectual property in the design and layout of this web site and the material and information published on its pages belongs to and is vested in mSpy or its licensors. You may not copy any part of this site or otherwise do anything in relation to any part of the site other than the following:

(a) You may print or download to a local hard disk pages from this website for your personal and non commercial use only,

(b) In material issued to third parties you may only quote from this site provided that such quote is not used in a misleading context and that you give due credit to both the author and to mSpy.

  • You may not otherwise use or reproduce any of this web site or the material contained within it in any manner other than those listed above without first obtaining the prior written permission of mSpy.
  • Any images that appear on this website with an acknowledgement to the Licensed Material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction or other use of the Licensed Material.

 

 

  1. The Site and the Service are hosted and operated by Altercon LP in UK.

 

  1. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW

 

  • THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MSPY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. MSPY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

 

  1. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSPY, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF MSPY AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MSPY OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF $50 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.
  • Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of mSpy and its affiliates shall be limited to the fullest extent permitted by law.

 

  1. Indemnification
  • You agree to indemnify, defend and hold mSpy and the related parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, the Software and/or the Service or any breach by you of these ToU or any other policies that mSpy may issue for the Site, the Software and/or Service from time to time.

 

  1. Affiliate Partners
  • 1) mSpy provides a possibility to become its Affiliate.
  • 2) You may submit an application to become a mSpy Affiliate.
  • 3) Being a mSpy Affilite you must comply with the Affiliate Program Operating Agreement.
  • 4) You acknowledge that mSpy is not responsible for the actions of its Affiliates.
  • 5) You are aware that mSpy’s official web sites are as follows:
    • mspy.com
    • mspy.com.de
    • mspy.com.es
    • mspy.fr
    • mspy.it
    • mspy.com.br
    • mspy.jp
    • mspy.com
    • mspy.com
    • mspy.com
    • mspyonline.com
  • 6) mSpy is not responsible for any other web sites and its content.

 

  1. Assignment
  • mSpy may assign these ToU, in whole or in part, to any person or entity at any time with or without your consent.
  • You may not assign the ToU without mSpy’s prior written consent, and any unauthorized assignment by you shall be null and void.

 

  1. Severability
  • If any part of these ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

 

  1. Attorneys' Fees
  • In the event any litigation or arbitration is brought by either party in connection with these ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

 

  1. No Waiver.
  • Failure or delay by mSpy to enforce compliance with the ToU does not constitute a waiver of these ToU.
  • The express waiver by mSpy of any provision, condition or requirement of these ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

  • All notices given by you or required under this ToU shall be in writing and addressed to: ALtercon LP, Suite 2, 5 St. Vincent Street, Edinburgh, EH3 6SW, Scotland, UK.
  • All technical requests shall be addressed to [email protected] .
  • All legal requests shall be addressed to [email protected] .

 

  1. Entire Agreement.
  • These ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or Service.

 

  1. Termination of Service
  • The Service may be terminated upon the expiration of the subscription.
  • mSpy reserves the right to deny Service to any user at mSpy’s sole and absolute discretion.
  • The Service is offered with the understanding that mSpy may terminate any subscription and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of these ToU.
  • mSpy may stop offering and/or supporting the Service at any time.
  • mSpy reserves the right to deny service to, or if applicable, terminate the service of any user or associated with, a user that attempts to monitor the device of an individual, who has not received a consent of such device owner.
  • In such cases mSpy reserves the right to block all accounts associated with such potential violating user.

 

  1. Governing Law
  • These Terms of Use are governed by the laws of England and Wales and will be interpreted in accordance with the English courts. The English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
  • Those who access the website from locations outside of the United Kingdom are responsible for compliance with local laws if and to the extent that local laws are applicable;
  • With respect to users out of UK jurisdictions they shall consult their local attorney before installing the Software. mSpy is not responsible for any illegal use of the Software by a user out of UK jurisdiction. Users out of UK jurisdiction may install and use the Software at their own risk and responsibility.
  • None of the terms hereof shall be enforceable under Contracts (Rights of Third Parties) Act 1999 by any third party.

 

 

  1. LEGAL EFFECT
  • These ToU describes certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights under the laws of your state or country.
  • In case the laws of your state or country do not permit you to use the Software application or use not all features hereof you acknowledge and agree that it is upon your responsibility.

 

 

 

For more information,please contact mSpy Customer Support at +1 855 896 0041 or email us at  [email protected].