PLEASE CAREFULLY READ THIS END USER LICENSE AGREEMENT (“EULA”) PRIOR TO PURCHASING OR USING THE SPYFONE APPLICATION SOFTWARE (HEREINAFTER REFERRED TO AS SOFTWARE/LICENSED SOFTWARE/SOFTWARE PROGRAM/SPYFONE.COM). BY PURCHASING OR USING THE SOFTWARE PROGRAM, YOU AGREE TO ADHERE TO THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, THEN DO NOT INSTALL OR USE THIS SOFTWARE PROGRAM. IMMEDIATELY DELETE THE SOFTWARE ANY ALL RELATED FILES FROM YOUR DEVICE.
THIS END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (HEREINAFTER REFERRED TO AS THE USER) AND SPYFONE (HEREINAFTER REFERRED TO AS THE APPLICATION PROVIDER, SPYFONE, OR SPYFONE.COM) FOR USE OF THE SOFTWARE PROGRAM. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE PROGRAM.
BY ACCEPTING THIS END USER LICENSE AGREEMENT, YOU AGREE TO INSTALL THIS SOFTWARE PROGRAM ONLY ON A DEVICE OR DEVICES – TABLETS, SMARTPHONES, COMPUTERS, AND ALL OTHER ELECTRONIC DEVICES – OWNED BY YOU. FOR CLOUD-BASED AND OTHER MONITORING THAT DOES NOT REQUIRE INSTALLATION ON A DEVICE, YOU ARE PERMITTED TO ONLY USE THE SOFTWARE IN CONNECTION WITH AN ACCOUNT, APPLICATION, PROGRAM, OR ANY OTHER ONLINE SERVICE YOU HAVE THE LEGAL RIGHT TO ACCESS. YOU ALSO AGREE TO INFORM ANY PERSON OR PERSONS USING THE DEVICE OF YOUR INSTALLATION AND USE OF THE SOFTWARE, INCLUDING THE FACT THAT THEIR ACTIVITY ON THE DEVICE, DEVICES, OR ONLINE SERVICES WILL BE MONITORED. FAILURE TO COMPLY HEREWITH MAY RESULT IN YOU BREAKING APPLICABLE LAWS. YOU UNDERSTAND AND AGREE THAT YOU SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY THE APPLICATION PROVIDER AND/OR BY ANY PERSON OR PERSONS WHO USES A DEVICE WITH THE SOFTWARE PROGRAM INSTALLED RESULTING FROM YOUR IMPROPER OR ILLEGAL USE OF THE SOFTWARE PROGRAM.
The user acknowledges that the software program shall be used for the purpose of tracking, monitoring, and obtaining access to devices like cell phones, smartphones, and computers, including but not limited to emails, text messages, location data, and all other information sent and received over the device, of children, employees, and other device owners, with their consent hereto, including through the use of devices on which the software program is installed.
The user agrees that the installation and use of the software will be in accordance with the laws of all applicable jurisdictions that govern the monitoring of the device, account, application, or program activity and usage, and that they will not use the software in violation of any laws to which the user is subject, including any law, rule, ordinance, governmental regulation, or other rule.
The user agrees to install SpyFone ONLY on a device or devices owned by the user, or on a device for which the user has been granted explicit permission and/or consent by the device owner for the installation of SpyFone. The user agrees NOT to install SpyFone on any device that is not owned by the user, or on any device for which the user has not been granted explicit permission and/or consent for the installation of SpyFone.
In situations of cloud-based or other monitoring that does not require installation on a device, the user agrees to use the software ONLY in connection with an account, application, program, or any other online service the user has the legal right to access.
The user acknowledges that this EULA prohibits failing to inform any third party whose device, account, or any other hardware or software service is being monitored by SpyFone. The user acknowledges that it is against the terms of this EULA to not inform any third party of the presence and active use of SpyFone.
The user consents not to allow any other person to access the information that SpyFone collects from the device, account, application, or program on which the software is installed. The user acknowledges that he or she is prohibited from sharing collected information with any other parties, and that doing so would constitute a violation of this End User License Agreement.
The user understands that the site and the software of SpyFone shall be used only with the aim of (i) parental control of the parents’ children; (ii) by employers to monitor devices owned by the company on which employees work; (iii) on a device that is owned by the user; and (iv) by a user with the consent of the device or account owner.
The user acknowledges that physical access to the target device is required in order for the software to be installed on the target device. Failure to gain physical access to the target device will likely result in failure to install SpyFone.
The user acknowledges that SpyFone may not be installed remotely without genuine possession of the target device. In rare situations, SpyFone may be installed remotely on iOS devices, although iCloud credentials are required, which means SpyFone may be installed by users only with the consent of a device owner or onto a user’s own device.
The user is aware that before installing SpyFone he or she is required to check the requirements of compatibility of the target device according to the SpyFone compatibility policy. Failure to check the compatibility policy may lead to an inability to install SpyFone on the target device. It is the user’s responsibility to check the compatibility policy prior to purchasing, download, installing, or using SpyFone. Users agree that it is their responsibility to check compatibility and that they will not be refunded in the event of a compatibility failure.
The user acknowledges and understands that a target device is required to be in compliance with the aforementioned compatibility policy to be able to use the software with basic features. In cases where more features are required on a target device, a jailbreaking (on iOS devices) or rooting (on Android devices) shall be performed. Jailbreaking and rooting are legal procedures in many jurisdictions worldwide, including the UK Copyright and Related Rights Regulations 2003. It is the user’s responsibility to check local regulations regarding jailbreaking and rooting.
BY INSTALLING THE SOFTWARE YOU HEREBY WARRANT, REPRESENT, COVENANT AND CERTIFY THE FOLLOWING:
- Scope of License: SpyFone grants you a limited, non-exclusive, non-transferable, and revocable license (hereinafter referred to as the license or license) to perform the following tasks: (i) install the software on one or more devices that are owned by you and are under your control, and (ii) view, review and use 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 End User License Agreement should be interpreted as permitting the installation of the software to monitor, or to monitor any account, application, or program, that you do not have the legal right to monitor. If the user is conducting cloud-based monitoring, the user may not distribute or make the software available over a network, website, or other service where it could be accessed, used, read, or otherwise consumed by multiple devices at the same time or on any device outside of your ownership 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. SpyFone does not take responsibility for any damages incurred by using the software on any unauthorized device as defined by the terms above.
- SpyFone is designed explicitly for legal use and legal applications. The software is designed explicitly for those who are legally permitted to monitor the device, account, application, or program on which the software is installed, or on which the software is used to monitor. SpyFone cannot offer legal advice to you regarding the use of the software. You are advised that it’s considered a violation of the laws of the United States and other applicable countries in most instances to install, run, use, or access surveillance software, such as and including the software, to a mobile phone, smartphone, tablet, computer, or other device, account, application, or program that you do not have the legal right to monitor. In general, the law requires you to notify the users or owners of the device, account, application, or program that the software is tracking and inform the owner or user that the device, application, account, or program is being monitored. Failure to alert the owner of the target device may lead to a violation of applicable laws, which could lead to severe monetary and criminal penalties imposed on the violator. Consider consulting a legal expert regarding the legality of using the software in the manner in which you intend to use it. It’s recommended that you consult with this legal expert prior to download, installing, using, running, or monitoring the software. The user takes full responsibility for determining that they have the right to monitor the device, account, application, or program on which the software is installed. SpyFone shall not be held responsible if you choose to monitor any unauthorized account or device, including situations where you choose to monitor a device, account, application, or program that you do not have the right to monitor.
- Improper Use of the Software. Users agree to not use the software in any way, shape, or form to harass, threaten, or imply harm to individuals, groups, or companies. It is expressly prohibited to use the software to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other person. SpyFone is not in any way responsible for any such use by you, nor is SpyFone responsible for any threatening, harassing, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the software. In cases where the software is installed on a device or monitoring an account without permission of the owner, SpyFone has the right to open un-installation instructions for this user and to ensure that the account of the violator is blocked. All customer data, personal information, account information, and other personally identifiable information (PII) stored on SpyFone servers is encrypted to protect the privacy of the account holder. Therefore, SpyFone is unable to disclose this data to any third parties nor can SpyFone read data from the server.
- It is understood and agreed that SpyFone is the owner of all right, title, and interest in and to the original, and any copies of, the software and all related information, including information, improvements, enhancements, or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be and remain the exclusive property of SpyFone as the application provider. You, as a licensee of the software, through your downloading, installing, or use of the software, are not acquiring, purchasing, or receiving any ownership rights to the software. SpyFone and all attached property, intellectual property, and software is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties worldwide. The rights granted in this license are limited to the right to download, install, and use the software and the rights do not include any other intellectual property rights whatsoever.
You agree that you may not, will not, and shall not: (i) sell, lease, rent, license, sublicense, redistribute, assign or grant SpyFone to any person, company, entity, organization, or other party; (ii) decompile, disassemble, or reverse engineer SpyFone, in whole or in part, in any way, shape, or form; (iii) write or develop any derivative software, 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 SpyFone’s prior written consent; or (v) copy the software in any manner.
Any attempt to perform any of the above actions shall be considered a violation of the End User License Agreement and the rights of SpyFone. Users who violate these restrictions may be subject to legal actions and damages pursuant to the laws of their jurisdiction or any jurisdiction worldwide. Users are not permitted to sell, lease, rent, license, and/or distribute SpyFone in any way, shape, or form without the explicit consent of SpyFone.
SpyFone may provide updates, modifications, upgrades, additions, and other improvements (hereafter referred to as modifications) to the software during the term of the license. The terms of this End User License Agreement shall be applied to both the base SpyFone software as well as any additional modifications, upgrades, additions, or updates, unless the modification is accompanied by a separate license, in which case the terms of that license will be applied to the applicable modification.
Users acknowledge that participation in this End User License Agreement will not violate any agreement to keep in confidence proprietary information acquired by you in confidence or in trust prior to this EULA. Users acknowledge that they have not entered into, and will not enter into, and are not anticipating to enter into, any oral or written agreement in conflict herewith.
- Third Party Information. Users acknowledge that they will not at any time prior to or after this End User License Agreement improperly use or disclose any proprietary information or trade secrets of any other persons that may be in your possession, if any whatsoever. Furthermore, should SpyFone disclose confidential information of its third party partners, including licensors, vendors, software partners, hardware manufacturers, affiliates, and websites, you will comply with any use and confidentiality guidelines requested of you by SpyFone. You will also agree to hold such confidential and proprietary information in strict confidence and will not disclose it to any third party or use it to benefit any person other than for SpyFone or the aforementioned third party.
- Services; Third Party Materials: The software provides access to third party services, applications, websites, and protocols (hereinafter referred to as services). Users acknowledge that by using such services, they may encounter content that could be considered offensive, indecent, or objectionable, including content that may or may not feature explicit language, inappropriate materials, lewd references, and other unwanted content, and that the results of any search or entering 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, references to, or parallels with objectionable, inappropriate, or unwanted material. Nonetheless, users agree to use the services at their sole risk, and users agree that SpyFone shall not be held responsible for any content that may be found to be offensive, indecent, objectionable, or otherwise unsavory.
Certain services may display objectionable content from third parties. Services may display, include, or make available content, data, information, applications, links to, or materials from third parties (hereinafter referred to as third party materials). In cases where services display third party materials, or provide links to third party websites, users acknowledge that SpyFone is not responsible for examining or evaluating the content, accuracy, completeness, relevancy, timeliness, validity, legality, copyright compliance, decency, quality, veracity, or appropriateness of any other third party materials or websites. SpyFone does not warrant, endorse, support, or otherwise approve of any aspect of such third party materials, nor does SpyFone provide links to certain third party websites. By using the services, users acknowledge and agree that SpyFone is not responsible for any damages or outcomes of consuming third party materials in any way, shape, or form, and that SpyFone provides links to other websites, third party materials, and services solely as a convenience to you.
Services may contain proprietary, unique, copyrighted, or protected content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright. Users acknowledge that they will not use, access, sell, distribute, or otherwise utilize use such proprietary content, information, or materials except while completing permitted use of the services.
- Term and Termination: The term of this license runs simultaneously and concurrently with the term of your subscription plan. Your subscription plan is defined as the period during which you are permitted to use the software. Your rights and access privileges under this license, hereinafter referred to as the license, will terminate automatically without notice from SpyFone is any, all, or one of the following conditions are met: you fail to comply with any term(s) of this End User License Agreement or your subscription period expires. Once your license is terminated, you shall cease all use of the software and uninstall it from any devices, cell phones, smartphones, tablets, accounts, and other devices or services on which it was installed.
- Limited warranty. This limited non-transferable warranty covers the software throughout the period of your subscription plan, including the date from which your license is purchased to the date on which your license is terminated. If you receive supplements, updates, upgrades, or replacement software during the subscription plan period, then the limited warranty will be extended until the end of your subscription plan, never exceeding the date on which your license is terminated. To the extent permitted by law, this implied warranty lasts only during the term of the limited warranty.
- Exclusions from Warranty. The SpyFone limited warranty does not cover, protect against, or provide compensation for any problems caused by your actions (or failures to act), nor does it cover the actions (or failures to act) of others, nor does it cover events beyond the reasonable control of SpyFone.
- Technical issues. In situations where technical issues with the software occur, you are permitted to access professional help from the SpyFone Customer Support Center. The Customer Support Center will provide you with full support under the limited warranty during your subscription plan for the software.
- In case you have technical issues with the software, and those technical issues cannot be resolved by the SpyFone Customer Support Center, the sole remedy you are permitted to access is a full refund in accordance with the SpyFone refund policy.
- To exercise your limited warranty, please email our Customer Support Center with a description of the problem and proof of license purchase at [email protected]. Our Customer Support Center will endeavor to provide an appropriate solution to your technical issue within a timely manner. If that technical solution cannot be attained, then the customer is eligible to request a refund in accordance with the SpyFone refund policy.
- The terms of the SpyFone End User License Agreement (EULA) can change at any time. In the event of any changes, the updated version of the EULA will appear on this page immediately, and users will be permitted to read the updated EULA immediately on this page.
- SpyFone reserves the right to change this license granted to you at any time. Changes will be effective when posted on the SpyFone.com website. SpyFone may also change, discontinue, or impose limits on certain features of the software without liability. By continuing to use the SpyFone software, you indicate your consent to the changes. SpyFone can change the rights of the license granted to users at any time, and it is the user’s responsibility to stay up-to-date on all changes to all applicable SpyFone software, licenses, and documentation.
- Limitations of Liability. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, SPYFONE SHALL NOT BE LIABLE TO YOU IN REGARDS TO ANY DEMAND, CLAIM, ACTION, OR REQUEST, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND, ACTION, OR REQUEST ALLEGING ANY LOSS, INJURY, OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY OCCUR FROM USE OR POSSESSION OF THE SOFTWARE; SPYFONE WILL SIMILARLY NOT BE LIABLE FOR ANY LOSS OF PROFIT, DATA, REVENUE, CONTRACTS, SAVINGS, OR ANY DIRECT OR INDIRECT MEANS OF REMUNERATION, REWARD, COMPENSATION, FINANCIAL INCENTIVE, CONSEQUENTIAL DAMAGES, OR INCIDENTAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, ANY DEFECT IN THE SOFTWARE OR DATA, OR THE BREACH OF THIS END USER LICENSE AGREEMENT, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF SPYFONE HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
This End User License Agreement (EULA) is not intended to, and does not, (a) change or exclude any statutory consumer rights that cannot be lawfully changed, excluded, and/or annulled, or (b) limit or exclude any right that you may have against any other party if you did not purchase the software directly from SpyFone.com or an affiliate website. Certain jurisdictions do not permit specific liability exclusions, damage limitations, or disclaimers of warranty. SpyFone, in no event, shall be liable for your use of the software.
- Additional Terms and Conditions. This End User License Agreement (EULA) comprises the entire, final, total, and integrated agreement between the parties concerning the subject matter hereof. This EULA supersedes all prior and contemporaneous understandings and communications, whether oral, written, or otherwise, between the parties relating to the subject matter hereof. SpyFone reserves any rights or licenses other than those specifically granted herein. The EULA shall not be assigned (by operation of law or otherwise) or transferred in any many by you without the prior consent of SpyFone.
- Users acknowledge that a breach of this End User License Agreement (EULA) would cause irreparable damages, injuries, or other injunctions to SpyFone for which monetary damages, compensation, and/or financial reparations are not an adequate remedy. Accordingly, SpyFone shall be entitled to seek injunctive relief and other equitable remedies in the occurrence of such breach of terms as defined herein.
- YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS END USER LICENSE AGREEMENT (EULA) AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL, USE, ACCESS, AND/OR INTERACT WITH THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS LISTED HEREIN.
- Nothing in this EULA provides, gives, or claims to give to any third party any benefit or right to enforce any terms of this agreement. Furthermore, nothing in this EULA provides, gives, or claims to give any third party the benefit or right to enforce any term of this agreement and the provisions of the Contracts (Rights of Third Parties) Act of 1999 (as amended or modified from time to time) are expressly excluded.
- This EULA shall be construed under laws of the United States and other jurisdictions where appropriate, and users consent to the exclusive jurisdiction of the American courts.
- International Use. The software may be accessible worldwide. Although we acknowledge the international availability of the software, 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. Users who choose to access the software from such locations do so on their own initiative and are 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 terms, agreements, exclusions, or inclusions, the software may not be exported or re-exported based on the following conditions: (a) the software may not be exported or re-exported into (or to a national resident of) any countries embargoed by the United States; (b) the software may not be exported or re-exported to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List of Entity list. By accessing, installing, running, utilizing, and/or using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country and/or on any such list.