This Terms and Conditions Agreement (the “Agreement”) sets forth the legally binding terms and conditions for your use of MxSpy Site, software applications, any other products and services (collectively, the “Services”). The terms “we” and “our” as used in this Agreement refer to MxSpy. By using the Services, you (the “User”) agree to and accept the terms of this Agreement, if you do not agree to or accept the terms of this Agreement, you should immediately cease using the Services.
We reserve the right, at any time, to modify, alter, or update this Agreement without prior notice. Any modifications shall become effective immediately upon being posted on our Site. Your continued use of the Services after any such amendments are posted constitutes your acknowledgement and acceptance of the Agreement and its modifications. This Agreement may not be amended except as provided in this paragraph.
Disclaimer of Warranties
The Services are provided by MxSpy on an “as is” and “as available” basis. To the fullest extent permitted by the applicable law, MxSpy makes no representations or warranties of any kind, express or implied, regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise. MxSpy shall have no liability for any interruptions in the use of the Services. MxSpy disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-mentioned exclusion is to be considered inapplicable.
Limitation of Liability
MxSpy shall not be liable for any damages whatsoever, and in particular MxSpy shall not be liable for any special, indirect, consequential, or incidental damages, or damages for loss of profits, loss of revenue, or loss of use, arising out of or related to the Service, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MxSpy has been advised of the possibility of such damages.
The User agrees to indemnify and hold MxSpy, its partners, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the User’s use of the Services, the violation of this Agreement, or infringement by the User, or other users of the Services using the User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Services
MxSpy reserves the right to modify or discontinue the Services with or without notice to the User. MxSpy shall not be liable to the User or any third party should MxSpy exercise its right to modify or discontinue the Services. User acknowledges and accepts that MxSpy does not guarantee continuous, uninterrupted or secure access to the Services and operation of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Links to Other Sites
This Agreement, including any further rules, polices, or guidelines incorporated herein by reference, shall be governed and construed in accordance with the laws of the Cyprus, without giving effect to any choice of law rules. We make no representation that our Services are appropriate, legal or available for use in other locations.
Software License Terms
MxSpy holds all copyrights and (other) proprietary rights to MxSpy software applications (the “Software”). We hereby grant you a license to use one copy of the Software on any single device, provided the Software is in use on only one device at any time.
You may not (and may not allow anyone else to):
- Copy (other than being in possession of one copy for backup purposes) or use the Software in any manner that is not expressly allowed by the license rights stated above, distribute, rent, lease or sub-license all or any part of the Software;
- Change, modify or create a derivative work of any part of the Software;
- Decompile, reverse engineer, or otherwise attempt to derive the source code of the Software or any underlying algorithms, user interface techniques, or other ideas embodied in the Software;
- Transmit the Software over a network and/or electronically using any means.
This license is non-transferable.
Legal Prerequisites for using Software and Services
MxSpy Software and Services are designed only to be used to monitor your child or employee using your electronic equipment. We define each as:
Child: Your own legal child who is under the age of 18, using a device that you own.
Employee: Your employee at a company you own OR an employee at the same company as you that you have managerial responsibilities for, a device owned by the company and issued to the employee under your company’s policies regarding the company equipment.
In order to use our Services you MUST agree to the following conditions:
- You acknowledge and agree that you own the device you will install the software onto or that you have obtained express written consent of the owner to be an authorized administrator of the device and its users.
- You agree that you will check all local, state and federal laws to make sure you are complying with all laws in your region. It may be illegal in your area to monitor other individuals on your own device. You will never monitor any adult without their valid permission.
- If you install MxSpy software applications onto a device, which you do not own, or without proper consent of the monitored user, we will cooperate with law officials to the fullest extent possible. This includes turning over the requested customer data, and any other purchase/product-related information.
We absolutely do not condone the use of our software for illegal purposes.
Technical Prerequisites for using Software and Services
You need to have unrestricted physical access to the device to be monitored. We define unrestricted physical access as:
- The User has access to the device while the device to be monitored is in their hands with direct physical control; and
- The User has all passwords, pass codes, lock screen codes, etc., to unlock the device to be monitored to gain access; and
- The User has properly de-activated and/or configured the device’s anti-virus program to allow the Software to run unencumbered on the device to be monitored.
You must Jailbreak the iPhone device you want to monitor before installing MxSpy software. It is impossible to install MxSpy if you cannot Jailbreak the target iPhone. Please note that MxSpy does not support Windows Phone 7 mobile devices yet. The full list of compatibility requirements is available here.
The User can send us a refund request if they believe they are eligible for it. To learn more about how refunds are issued, please go to our Refund Policy page.
If any provision of this Agreement is deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.