Terms and Conditions
The Site offers an opportunity for users to download and license cell phone monitoring and tracking software for a fee. The Site, its features, functionality and design are owned by Mobile Spy Agent (the "Company").
We will not issue refunds for reasons that are beyond our control or for simply changing your mind. By placing an order through our website or through one of our partner outlets, you agree that your order is governed by our policy.
No refunds will be granted for reasons that are beyond the control of Mobile Spy Agent, they include, but are not limited to the following:
- If the target device has been reset/restored to the original factory settings.
- If the user of the target device has deleted the software, intentionally or unintentionally.
- If the carrier is changed which leads to loss of internet which in turn results in improper functioning of the application.
- If the operating system is updated.
- If hardware is performing poorly or has limited GPS signal.
- If the customer doesn't have physical access to the device.
- If the customer doesn't follow instructions given by support.
- If the target device is running on an unsupported operating system.
- If the customer is unable or unwilling to jailbreak iOS device.
- If the customer is unable or unwilling to root Android device (neccessary for specific functions).
- If the target device doesn't meet the hardware and software requirements as stated in Supported Devices.
End User License Agreement
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING OUR SOFTWARE.
By receiving, opening the file package, and/or using Mobile Spy Agent ("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by HQ your use of Mobile Spy Agent indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, HQ grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Mobile Spy Agent in accordance with this Agreement and any other written agreement with HQ. HQ does not transfer the title of Mobile Spy Agent to you; the license granted to you is not a sale. This agreement is a binding legal agreement between HQ and the purchasers or users of Mobile Spy Agent.
If you do not agree to be bound by this agreement, remove Mobile Spy Agent from your computer now and, if applicable, promptly return to HQ by mail any copies of Mobile Spy Agent and related documentation and packaging in your possession.
Mobile Spy Agent and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Mobile Spy Agent contact HQ.
3. USER AGREEMENT
Your license to use Mobile Spy Agent is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Mobile Spy Agent.
3.2 Use Restrictions
You shall use Mobile Spy Agent in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Mobile Spy Agent together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Mobile Spy Agent may be used on one single computer / device location by one user. Use of Mobile Spy Agent means that you have loaded, installed, or run Mobile Spy Agent on a computer or similar device. If you install Mobile Spy Agent onto a multi-user platform, server or network, each and every individual user of Mobile Spy Agent must be licensed separately.
You may make one copy of Mobile Spy Agent for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Mobile Spy Agent . The assignment, sublicense, networking, sale, or distribution of copies of Mobile Spy Agent are strictly forbidden without the prior written consent of HQ. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Mobile Spy Agent . If any person other than yourself uses Mobile Spy Agent registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Mobile Spy Agent . Nor can you create any derivative works or other works that are based upon or derived from Mobile Spy Agent in whole or in part.
HQ's name, logo and graphics file that represents Mobile Spy Agent shall not be used in any way to promote products developed with Mobile Spy Agent. HQ retains sole and exclusive ownership of all right, title and interest in and to Mobile Spy Agent and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Mobile Spy Agent , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for HQ.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend HQ , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of HQ's Software.
In no event (including, without limitation, in the event of negligence) will HQ , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Mobile Spy Agent or the use or inability to use Mobile Spy Agent or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
HQ's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by HQ ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to HQ.
Except as expressly stated in writing, HQ makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Belgium applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Belgium therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Mobile Spy Agent and destroy all copies of Mobile Spy Agent supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Mobile Spy Agent AS WELL.
5. Consent of use of dataYou agree that HQ may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Mobile Spy Agent. HQ may also use this information to provide notices to you which may be of use or interest to you.