END USER LICENSE AGREEMENT
PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (the "LICENSE") PRIOR TO PURCHASING OR USING MSPY LITE (MLITE) MOBILE APPLICATION (the "SOFTWARE").
BY PURCHASING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO ADHERE TO THE TERMS OF THIS EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE AND YOU ARE BOUND TO DELETE THE SOFTWARE AND ALL OF ITS RELATED FILES FROM YOUR DEVICE.
THIS END-USER LICENSE AGREEMENT (the "EULA") IS A LEGAL AGREEMENT BETWEEN YOU (the "USER") AND MSPY FOR USE OF THE SOFTWARE.
BY INSTALLING THE SOFTWARE YOU HEREBY WARRANT, REPRESENT, COVENANT AND CERTIFY THE FOLLOWING:
A. Scope of License:
mSpy grants you a limited, non-exclusive, non-transferable revocable License (i) to install the Software on one or more devices, which are owned by you, are under your control, and (ii) to view, review and utilize the Software and any related information provided to you by the Software, (iii) or to use the Software for cloud-based monitoring of a specified account, application, or program. Nothing in this EULA should be interpreted as permitting installation of the Software on any device you do not own or control, or which you do not have the legal right to monitor, or to monitor any account, application, or program you do not have the legal right to monitor. For cloud-based monitoring, you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time or on any device you do not own or control, or which you do not have the legal right to monitor. It is your responsibility to determine whether you have the legal right to monitor the device, account, application, or program.
B. Legal Use.
The Software is designed for use by those, who have the legal right to monitor the device, account, application, or program, on which it is installed, or which it is used to monitor. mSpy cannot provide legal advice to you regarding your use of the Software. Be aware that it is considered a violation of laws of England and Wales in most instances to install or use surveillance software, such as the Software, to a mobile phone or other device, account, application, or program you do not have the right to monitor. The law generally requires you to notify the Users or owners of the device, account, application, or program that the device, account, application, or program is being monitored. Failure to do so may result in violation of applicable law, which could result in severe monetary and criminal penalties imposed on the violator. You should consult your own legal advisor with respect to legality of using the Software in the manner you intend to use it prior to downloading, installing, or using the Software. You take full responsibility for determining that you have the right to monitor the device, account, application, or program on which the Software is installed. mSpy shall not be held responsible if the User chooses to monitor a device, account, application, or program the User does not have the right to monitor.
C. Improper Use of the Software.
You agree not to use the Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person, and that mSpy is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Software. In case the Software is installed on the device without permission of the owner, mSpy has the right to open un-installation instructions for this person and make sure that the account of a violator is blocked. Please be informed that all the data on mSpy servers is encrypted to protect the privacy of the account holder, therefore mSpy can neither disclose this data to any third parties nor read it from the server side.
It is understood and agreed that mSpy is the owner of all right, title, and interest in and to the original, and any copies of the Software and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of mSpy. You, as licensee, through your downloading, installing, or use of the Software do not acquire any ownership rights to the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted in this license are limited to the right to download, install, and use the Software and do not include any other intellectual property rights.
You agree that you may not and will not: (i) sell, lease, rent, license, sublicense, redistribute, assign or grant the Software; (ii) decompile, disassemble, or reverse engineer the Software, in whole or in part; (iii) write or develop any derivative software, make attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part or any other software program based upon the Software; (iv) provide, disclose, divulge or make available to, or permit use of the Software by any third party without mSpy prior written consent; or (v) copy the Software.
Any attempt to do so is considered as a violation of the EULA and the rights of mSpy. If you breach this restriction, you may be subject to legal actions and damages.
mSpy may provide upgrades, modifications, updates, or additions (hereinafter – the Modifications) to the Software during the term of the License. The terms of this EULA shall be applied to any such Modification unless such Modification is accompanied by a separate license, in which case the terms of that license will be applied. You represent that participation under this EULA will not breach any agreement to keep in confidence proprietary information acquired by you in confidence or in trust prior to this EULA. You represent that you have not entered into, and will not enter into, any oral or written agreement in conflict herewith.
E. Consent to Use of Data:
F. Third Party Information.
You agree that you will not at any time prior to or after this EULA, improperly use or disclose any proprietary information or trade secrets of any other persons which may be in your possession, if any. Further, should mSpy disclose confidential information of its third party licensors, you will comply with any use and confidentiality guidelines requested of you by mSpy. You will hold all such confidential and proprietary information in the strictest confidence and will not disclose it to any third party or use it for the benefit of any person other than for mSpy or such third party.
Third Party Materials. The Software enables access to third party services and websites (the “Services”). You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL by you or by any person in control of the monitored device, account, application, or program may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that mSpy shall not be held responsible for the content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (the “Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that mSpy is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. mSpy does not warrant or endorse, does not assume and will not be held responsible towards you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Services may contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright; you will not use such proprietary content, information, or materials except for permitted use of the Services.
I. Limited Warranty.
The term of this License runs concurrently with the term of your subscription plan, which is the period during which you are authorized to use the Software. Your rights under this License will terminate automatically without notice if you fail to comply with any term(s) of this EULA or your subscription period expires. Upon termination of the License, you shall cease all use of the Software and uninstall it from any devices on which it was installed.
H. Term and Termination:
The limited non-transferable warranty covers the Software for the period under your subscription plan after the License is purchased. If you receive supplements, updates, or replacement Software during that time then the limited warranty will be prolonged until the end of your subscription plan. To the extent permitted by law, this implied warranty lasts only during the term of the Limited Warranty.
To exercise your Limited Warranty, please send an email with description of the problem and proof of license purchase to [email protected]
J. Exclusions from Warranty.
This Limited Warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond mSpy’s reasonable control.
K. Technical issues. In the event of technical issues with the Software you may address professional help from mSpy Customer Support Center, which will provide you with the full support under the limited warranty during your subscription plan at [email protected]
In case you have technical issues with the Software, which cannot be fixed by mSpy Customer Support Center, the sole remedy you are eligible for might be a refund in accordance with mSpy Refund Policy. To exercise your Limited Warranty, please send an email with description of the problem and proof of License purchase to [email protected]
M. Limitations of Liability.
To the extent permitted by the applicable law, mSpy shall not be liable to you in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from use or possession of the Software; or for any loss of profit, revenue, data, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use of or inability to use the Software, any defect in the data, or the breach of this EULA, whether in an action in contract or tort or based on a warranty, even if mSpy has been advised of the possibility of such damages.
This EULA is not intended to and does not (a) change or exclude any statutory consumer rights that cannot be lawfully changed or excluded, or (b) limit or exclude any right that you may have against any other party if you did not purchase the Software directly from mSpy website. Some jurisdictions do not allow certain liability exclusions, damage limitations, or disclaimers of warranty. In no event shall mSpy be liable for your use of the Software.
N. Additional Terms and Conditions.
This EULA constitutes the entire, final and integrated agreement between the User and mSpy (the “Parties”) concerning the subject matter hereof and supersedes all prior and contemporaneous understandings and communications, whether oral or written, between the Parties relating to the subject matter hereof. mSpy reserves any rights or licenses other than those specifically granted herein. This EULA shall not be assigned (by operation of law or otherwise) or transferred in any manner by you without the prior written consent of mSpy.
You acknowledge that a breach of this EULA would cause irreparable injury to mSpy, for which only monetary damages are not an adequate remedy. Accordingly, mSpy shall be entitled to seek injunctive relief and other equitable remedies in the event of such breach.
Nothing in this EULA gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
O. International Use.
Although the Software may be accessible worldwide, we make no representation that the Software or related materials are appropriate or available for use in your location, and the Software may not be accessed from territories, where the content is prohibited by local laws. Those, who choose to access the Software from such locations, do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Software is void where prohibited.
Without limiting the foregoing, the Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
P. Applicable law
This EULA shall be construed under laws of England and Wales, and you consent to the exclusive jurisdiction of the English Courts.
This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
The terms of this EULA are subject to change at any time, and in the event of any changes, the updated version of the EULA will appear on this page.
mSpy reserves the right to change, discontinue, or impose limits on certain features of the Software without liability. Your continued use of the Software indicates your consent to the changes.
mSpy and mLite mobile application are operated by company Altercon LP (Suite 2, 5 St. Vincent Street, Edinburgh, EH3 6SW, Scotland, UK).
Current License version: May 01, 2017.